Details

• When: Wednesday 11th October 2017
• What Time: 6pm-8pm
• Where: Head Office, 8-10, Rock Hill, Main Street, Blackrock, Co. Dublin
• Costs: Free

By attending this event you will learn about:

• The benefits of Mediation
• Why Mediation works
• The cost benefit of Mediation
• How Mediation can successfully preserve the the relationship of parties in dispute
• Mediation in Business disputes
• Mediation in the Workplace
• Mediation in Matrimonial disputes
• Mediation in Family disputes

To register your interest please email michael@msheil.ie.

South Dublin Collaborative Lawyers and Mediators have been providing collaboration and Mediating solutions for over ten years in the South Dublin region and elsewhere.

Mediation is about dealing with the nitty gritty.

Sabine Walsh, president of the Mediators’ Institute of Ireland, says mediation costs a fraction of the cost of litigation, and the route to resolving conflict is speedier.

Sometimes mediator Sabine Walsh finds herself talking to couples about seemingly trivial matters such as lifts to football matches and who is going where for their summer holidays. Mediation is about dealing with the nitty gritty, she stresses, whether it’s family conflict, strife in the boardroom or screaming matches across the garden fence about who is leaving the rubbish out in the wrong place. Walsh, the president of the Mediators Institute of Ireland (MII), says her job is to help the parties in front of her to find a comprehensive, mutually acceptable, long-lasting resolution.

As well as being a fraction of the cost of litigation, the route to resolving conflict will be speedier, she says.

This case came before the High Court in May 2015 and was decided by Judge Marie Baker.

A seminar focusing on changing times and parental issues in Family Law

Date: Friday 8th May 2015
Venue: The Stillorgan Park Hotel, Stillorgan Co. Dublin
Fee: €50 per person
Presentation: 2.00 p.m. – 5.00 p.m.
Speakers: Nuala E. Jackson B.L., Dr. Anne Byrne Lynch
C.P.D. Points: 3 General (by Group Study)

Who would benefit from attending this seminar?

Legal Practitioners and related professionals will find their attendance at this Seminar invaluable. It is also a forum to network with colleagues and discuss issues arising in practice. This seminar will also include a role-play scenario of a Family Law scenario using the Collaborative process and would be of particular interest to Collaborative Practitioners to invigorate their collaborative practice. It will be of equal interest to people who would like to see Collaborative practice in action.

To register for the Seminar please download our information leaflet and application form as a Seminar on The ‘Family’ in 21st century Ireland – Conflict/Consensus Word Doc or Seminar on The ‘Family’ in 21st century Ireland – Conflict/Consensus PDF

Solicitors who practice in Family Law need a whole different tool kit to those specialising in Commercial or Property Law. Words such as anger, resentment, bitterness, revenge, proper provision and acceptance of changed circumstances do not sit well with balance sheets registration of title and mortgages.

In family law it is as important to know the person as it is to know the law. We struggle with broken dreams, tarnished hopes, economic woes and dual carriageways – people now going in opposite directions. All of this necessitates a different way of looking at problem solving and outcomes that suits the client and his/her circumstances. We are usually the last port of call but it is critical that our clients are both informed and empowered to make realistic and fair decisions at a most vulnerable time in their lives.

A short guide to Divorce Law in Ireland by Helen M Collins is one such tool that could prove very useful in assisting parties in a break-up/Divorce/Separation to realise the intricacies of both the legal process and the many layers of emotions involved in any family breakup. Solicitors are not Counsellors, neither are we ‘the kings men’ to put Humpty Dumpty relationships back together again. Sometimes, what is broken stays broken but our task is to walk the journey with our client, give appropriate advice and assist them in the decision making for the future.

The book identifies lists of useful dos and don’ts at the end of each chapter that are particularly relevant for the 24 hour a day living experience, for example “Top Ten Tips to hang on the fridge – Do be good to yourself – Do take exercise – Don’t beat yourself up -don’t involve the children – engage fully and positively in the process.” This book is not and does not claim to be an exhaustive legal tome on Divorce. What it is, is a guide to those entering the legal process or any alternative dispute resolution process – a way map for both the psychological and legal signposts along the road to a new and hopefully better place for them and the family.

My one reservation is that by the time our clients get to us they may not be in a space to acknowledge and understand the advices given or indeed to implement some of the excellent life skills recommended. As many of clients attend for a first appointment to obtain information about the different avenues available to them, this book will be extremely useful as a reference for such clients and hopefully be read by them before positions get entrenched on either side.

The title is also a little off putting for the chosen readership as it may, notwithstanding the survival plan subhead, appear to be too technical. However this is a small point as the book will, I expect, be recommended by solicitors who will point out the benefits to their clients of being well -informed . The glossary and the support organisations listed at the back I find particularly helpful and I would without hesitation recommend the book to all family lawyers anxious to understand the dynamics of family breakup so as to better advise and support their clients.

Joan O’Mahony
March 2014.

You can purchase the book online at the Cork University Press website.

Helen M Collins a practising solicitor and collaborative lawyer wrote this book to help families when the relationship has irretrievably broken down.

It is a practical book to guide you through this devastating chapter of your life.

It will provide you with the information you need so the decisions you make are the best for you and for your family.

You can purchase the book online at the Cork University Press website and you will find an extract from the book below:

Top Ten Tips to Hang on the Fridge

1. Try to keep well and healthy – take exercise.

2. Take care of your children – stick to established routines.

3. Respect and support your children’s need to love and have access to both their parents – support generous access.

4. Respect and support your children’s need for hands-on physical, psychological, emotional and financial support and security – willingly engage with your children and willingly provide financial support.

5. Work hard at establishing a respectful ongoing co-parenting relationship with your ex-partner – it really is worth the effort and your children deserve it. Remember that you each chose the other to be the parent of your children.

6. Do not involve your children in your disputes.

7. Do not bad-mouth your ex-partner to your children (openly or subtly) and do not let anybody else do so. Ask your family and friends to constructively support you in reassuring your children of the love of both parents and in developing a healthy ongoing co-parenting relationship.

8. Get good professional help for yourself.

9. Get good professional help for your children.

10. Do not despair – you will get through this.

Before now the in-camera rule was exacting and strictly enforced, allowing none but a limited group of people, including the parties involved, into a court where family law matters were being heard.  The effect of the changes has already been felt by the reporting of proceedings in both the Circuit Court and the District Court in the first few days of the change.

Debate has raged for years over the restriction of access by the public to the family law courts.  Accusations of collusion between judges and solicitors in the making of orders and a level of distrust have grown up between the public and the legal system over the operation of the courts.

An attempt at alleviating this gulf between the public’s perception of the legal system and the reality was the implementation of Section 4(3) of the Civil Liability and Courts Act 2004.  This allowed limited access to family 1aw cases by allowing a number of categories of people to attend a court where family law proceedings are being heard and to report on the proceedings.  Journalist Carol Coulter was one such person who was engaged by the Courts Service to prepare such reports. But in recent years it had become inevitable that the move towards greater openness would result in further changes to the law.

Public Interest V Private Interest

Weighing up the demands of the public for knowledge and the right to privacy for those engaged in the legal system on family law matters is a fine balancing act.

The Law Reform Commission, in its report on privacy in 1998, carried out a comprehensive review of what was meant by privacy and what was meant by the public interest.   While that report dealt with the extent of surveillance and limitation of harassment by such equipment it set out that privacy as a concept includes “a wide range of personal interest or claims which places limits on the right of society and of its members to acquire knowledge of and to take action regarding another person.”  Later on it states that, as the European Commission pointed out, “privacy therefore entails the right to establish and to develop relationships with other human beings especially in the emotional field for the development and fulfilment of one’s own personality”.

Crucially the tensions between the private interest and the public interest have resulted in this reform which it is hoped will balance the family’s right to privacy with the public’s right to know.  The Courts and Legal Services Act, 2013 (Part II) allows a bona fide representative of the press to be present in court during these proceedings.  The court may exclude representatives of the press or otherwise restrict their attendance where a court is satisfied that it is necessary to do so. Necessity might arise to preserve the anonymity of the party to the proceedings or any child to whom the proceedings relate by reason of the nature or the circumstances of the case or as otherwise necessary in the interest of justice. In addition the amendment provides that it would be an offence to broadcast or make public any information that would be likely to lead members of the public to identify the parties to the family proceedings or any children to whom the proceedings relate.  The fine on conviction could amount to €50,000.00 or imprisonment for a term not exceeding three years or both.  The Minister for Justice has stated that the changes were a part of the government’s commitment in the programme for government to reform and modernise aspects of family law.

There is a surely a degree of fear present when it comes to the lifting of the in camera rule. Families involved in such court proceedings and members of the legal profession will need to adjust to this new era. Essentially we will be relying on the quality of reporting by the members of the media to maintain the standard and the dignity of those utilising the justice system for such sensitive matters.

On a positive note, in the first report of its kind on Tuesday January 14, Fiona Gartland in the Irish Times provided a largely balanced description of cases before the Circuit Court and District Court.  One of the issues reported on related to domestic violence. We can be sure that we will see many social issues come to light in the coming months and years, many of which may have been hidden behind the veil of the in camera rule for generations.  Raising the awareness about these issues through its reporting in the press can only have positive effects.  The insight and ability of our experienced judiciary can also be highlighted for what it is with the benefit of such measured reporting.   Let’s hope the Minister has gotten the balance right.

Katherine Irwin
Partner, Beauchamps Solicitors

However, it is almost invariably the economic changes that have the most impact on the Irish people in 2014.

One change, revealed in the recent budget announcement, is the change to the One Parent family tax credit, allowing only one parent to claim for a child. This will undoubtedly take money out of many parent’s pockets. At the other end of the spectrum, the delayed age for claiming the old age state pension – raised to 66 this year and to increase to 67 in 2021- will hit others.

The new bankruptcy rules will affect many families seeking to separate and regulate their property affairs. Now an insolvent individual can be discharged from bankruptcy after only three years which will make the prospect more attractive to many people. Notably, family maintenance payments can be included in any bankruptcy arrangement. The official assignee in bankruptcy may also apply to have the house sold if there is equity in it, subject to the consent of the High Court. The court must take into account the rights of any creditors, spouses or civil partners or dependants when making this decision. The official assignee will seek to sell the property to the spouse or a civil partner wherever possible.

The Insolvency Service of Ireland have published a guide, colour coded and with clear explanations which can be downloaded by clicking  here.

Social issues are intrinsically linked to the family and we saw many such issues arise in 2013. The introduction of gay marriage in many countries in the world has changed our idea of what constitutes a family

With a referendum heralded for 2015, 2014 will no doubt be a year of enormous debate. Already the Catholic Church, under its new Pope, has sought the opinions of its members by circulating a questionnaire on the responses to and effectiveness of the churches teachings on the family. Only time can tell what can come of this.

One thing we can be sure of this year is that the tide of change will be in full force in areas that will affect the lives of millions of Irish people now and in the years to come.

The speakers were Fergus Finlay, CEO of Barnardos; Mr Justice Michael White of the High Court; Geoffrey Shannon, Child Law Expert; Dr. John Sharry Social Worker/ Psychotherapist of the Mater Hospital; Jan O’ Sullivan TD and Dearbhail McDonnell, Legal Editor of the Irish Independent. The conference dealt with topics such as Child Centred Family Law Reform; Challenges in Family Law Proceedings; Promoting Child-Centred Cooperative Parenting following Separation and Divorce using the Parents Plus Programme; Resolving Family Breakdown in a Child Focused Manner and Reporting Family Law Cases in the Media.

There was a facilitated panel discussion which focused on how to support children going through family breakdown, both in and out of the court setting followed by Masterclasses on Separation and Domestic Violence; the Role of Court Welfare Officers and Child Contact Centres.