Reframing the mediation debate in Irish all-issues divorce disputes
From Mediation vs. Litigation to Mediation and Litigation
Bibliographic Data
| ID | 7517672 |
|---|---|
| Authors | Deirdre McGowan (0000-0002-5300-7594, Dublin Institute of Technology, corresponding author) |
| Year | 2018 |
| Volume | 40 |
| Issue | 2 |
| Pages | 181-194 |
| Publication date | 2018-03-08 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Social Welfare Law (JOURNAL) |
| Journal identifiers | ISSN: 0141-8033 • E-ISSN: 1469-9621 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/09649069.2018.1444445 |
| OpenAlex | W2792707986 |
| Language | EN |
| Citations received | 2 |
| References cited | 16 |
Mediation currently plays a minor role in the Irish family justice system, yet a policy consensus exists that more couples should be encouraged to mediate and that increased rates of mediation will reduce the numbers seeking redress through the courts. The Mediation Act 2017 adopts this position, assuming that the provision of information on mediation will increase uptake and that mediation offers an alternative to litigation for most civil disputes. This article reviews attempts in Ireland, England and Wales to encourage family disputants to mediate, identifying weaknesses in the information strategy. It also examines the legal framework governing all-issues divorce and dissolution in Ireland, pointing to the limited potential for mediation to act as an alternative to litigation. It concludes by arguing that policy focus must shift away from encouraging mediation as an alternative to litigation towards more nuanced understanding of mediation as a support to court based dispute resolution
Alternative dispute resolution · Conciliation · Dispute mechanism · Dispute resolution · Economic Justice · Family mediation · Irish · Law and economics · Lawyer supported mediation · Mediation · Party-directed mediation · Political science · Redress · Sociology · International Human Rights and Reproductive Law · Law · Legal Issues in South Africa · Multicultural Socio-Legal Studies
Bargaining in the Shadow of the Law
Irish Matrimonial Property Division in Practice
The future public funding of family dispute resolution services
Family mediation in France
Is mediation compatible with children's rights
Civil mediation
Irish divorce law in a social policy vacuum – from the unspoken to the unknown
Inducing demand for family mediation – before and after Laspo
Rising to the post-Laspo challenge
Divorce mediation
Governed by marriage law
Family Mediation in Ireland
| Citations per year | 1 |
|---|---|
| Citation span | 2024 - 2024 (1) |
| Highly cited | No |