Divorce is a recent phenomenon in the Republic of Ireland. Many people are surprised to learn that Divorce was absent from Irish law between 1937 and 1996. This was primarily due to the stranglehold the Catholic Church held over Irish society and the law in general. This position was reflected in the Irish Constitution of 1937.

In 1996 a divorce referendum was narrowly passed and the Family Law Divorce Act of 1996 was passed into law. From 1997 onwards the Irish Courts began to develop case-law and procedures in relation to Divorce. Over the past twelve years the way family law cases are dealt with has continued to evolve. Recent amendments to case progression rules highlight the recent impetus from the courts services and judiciary to streamline divorce procedure in the courts.

The Judicial Separation and Family Law Reform Act of 1989, The Family Law Act of 1995 and the Family Law (Divorce) Act of 1996 provide the legal foundation for divorce and legal separation in Ireland. The Circuit and High Courts hold the appropriate jurisdiction to deal with separation and divorce cases in the Republic of Ireland. The District Court has jurisdiction to deal with certain types of family law cases. However, it cannot deal with divorce and separation applications.

As family law systems within these courts continue to evolve, Alternative Dispute Resolution is beginning to come to the forefront for various reasons. Firstly, there has been an increase in the number of mediators trained within the Republic of Ireland by companies such as Friarylaw and Family Mediation Ireland. Secondly, there has been a recent change in the court rules which will allow a County Registrar to send a case out of the courts list to mediation. The County Registrar is a court officer with the power to make certain types of order before a case goes to hearing. Finally, the recession has begun to take it’s toll on the number of cases been referred to the courts for hearing. People have less resources available to wage protracted and costly court proceedings.

It has been suggested that further legislative changes will be enacted in the near future which may encompass a further drive to move more cases to mediation. A party who fails to go to mediation where offered by the other side may well face a legal costs order for failure to engage in mediation. Accordingly, mediation might be the only real alternative to costly court proceedings going forward.

Mediation offers parties a real chance to cut legal costs and reach a reasonable and measured conclusion to their dispute. As court systems continue to evolve in the Republic of Ireland mediation is becoming the new face of dispute resolution. The process does not seek to usurp the legal process but supplement it. That is why parties are encouraged at all times during, before and after the process to take legal advice from their legal advisers.

Mediation presents a real viable alternative to costly, protracted court proceedings.

Eoin Cullina is a mediator with Family Mediation Ireland working in the areas of divorce mediation, and mediation services.