Family Law

Appropriate Dispute Resolution (ADR) In Ireland A Handbook for Family Lawyers and their Clients

By J Madigan
Family Law LexisNexis June 2012

Specifications

ISBN-13
9781846613296
Publisher
Family Law LexisNexis
Publication
June 2012
Format
Paperback
Jurisdiction
Ireland ? Countri(es) for reference only

Details

Appropriate Dispute Resolution (ADR) in Irish family law is a huge growth area which is being promoted both by government, at a policy level and by statute, and also by knowledgeable clients. The economic climate has facilitated a shift toward cost saving and non-court resolution options such as collaborative practice and mediation. The draft Mediation Bill 2012 provides that solicitors and barristers have a duty to provide information and advice on mediation.

Appropriate Dispute Resolution in Ireland is the first title on this topic devoted to the requirements of the Irish market and will assist family lawyers to embrace ADR as an integral part of their practice and educate family law clients on the workings and advantages of ADR.

Table of Contents

  • Development of Family Law in Ireland since the introduction of Judicial Separation and Divorce
  • The Adversarial Nature of the Family Court System
  • Lack of Resources Within Current System
  • Mediation
  • Collaborative Practice
  • Neutral Experts in Family ADR
  • Finality Within Reason
  • Appendix: 
    • Frequently Asked Questions About Mediation
    • Frequently Asked Questions About Collaborative Practice
    • Agreement to Mediate
    • Mediation Information Form
    • Open Financial Statement
    • Memorandum of Understanding
    • The Mediators’ Institute of Ireland MII Code of Ethics and Draft Mediation and Conciliation Bill 2010
    • Draft General Scheme of Mediation Bill 2012
    • Participation Agreement
    • Retainer Agreement
    • Affidavit of Means
    • Expectation of Conduct Sheet
    • Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters
    • Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133
    • Resources/Support Services
    • Law Reform Commission Summary of Recommendations
    • HSE Standard Form for Reporting Child Protection and/or Welfare Concerns
    • Biographies of Contributors
    • Bibliography recommended further reading

About the Author

Josepha Madigan Family Law Partner, Accredited Mediator and Collaborative Practitioner at Madigans Solicitors, Dublin. Plus a team of specialist contributors

 

Josepha is the family law & civil litigation partner at Madigans Solicitors. She has fifteen years PQE experience in the family law courts representing clients in the area of guardianship, access, custody, separation, divorce and ancillary matters. She obtained a diploma in Arbitration from UCD in 1998 which sparked her interest in ADR.

Josepha is a member of the Law Society of Ireland and the Law Society of England and Wales. She is a Resolution trained accredited mediator specialising in family disputes and separating clients. She is a council member of the Mediators’ Institute of Ireland (the MII). Josepha is a practicing collaborative practitioner and an active member of the Dublin Collaborative Practice Group. She is also a member of the ACP, the IACP and CEDRE Exchange.

Josepha is an active member of the DSBA (Dublin Solicitors Bar Association) Family Law and Minors Committee. She is also a founding member of Dublin Resolution Centre, a centre which specialises in resolving disputes through ADR methods. She has lectured on behalf of the DSBA, the Law Society of Ireland, the CPD Solicitors Group Scheme and the ICAI in family law matters.

Josepha also sits on the private practitioner panel of the legal aid board for district court and circuit court family law matters. Josepha has a primary degree from Trinity College Dublin in French and German.

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