Madam, - It was indeed an "inspired" suggestion by Ms Justice Maureen Clark (to quote Mr Eoghan Fitzsimons SC) that the parties in the Gorse Hill dispute consider mediation. One may wonder why mediation appears not to have been considered at an earlier stage, given that the dispute first came before the courts in 2006.
In last Saturday's Irish Times, Ms Justice Clark is quoted as saying: "If this was a commercial court case or a family law case, a judge would be obliged to inquire whether the parties had tried mediation". While this may be so in commercial cases, the family court judge does not have an obligation to make this inquiry.
Your Legal Affairs Editor, Carol Coulter, in her excellent report to the board of the Courts Service, following on from her two-year reporting project in the family courts, recommends a much increased role for mediation in family law cases: "International experience as well as common sense dictate that mediation should play an important role in the resolution of family disputes, which are particularly unsuited to the adversarial legal system."
She points out that in 2006 there were 26,900 applications to the family courts, whereas only 875 couples participated in mediation with the State-funded Family Mediation Service - "a drop in the ocean, about 3 per cent of the total seeking a resolution of their family disputes". Dr Coulter suggests possible reasons for this, including insufficient funding for the service.
One hopes the successful outcome of the Kenny/Charlton case will add to the growing appreciation of mediation as a valuable alternative in many types of disputes. - Yours, etc,
PHIL KEALY, Ballyweelin, Rosses Point, Co Sligo.
Madam, - I would disagree with Carol Coulter's statement in Wednesday's edition that mediated settlements are " not of themselves, legally binding". Historically there was some truth to this view, but while the mediation process itself is voluntary and non-binding the process now often concludes with a formal written signed settlement agreement which then becomes binding and legally enforceable.
The proposed EU draft directive on mediation will strengthen the process further. - Yours, etc,
ARRAN DOWLING-HUSSEY, Law Library, Four Courts, Dublin 7.