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 key legislation in the area includes the Judicial Separation and Family Law Reform Act of 1989, The Family Law Act of 1995 and the Family Law (Divorce) Act of 1996. The Circuit and High Courts deal with the vast majority of separation and divorce cases in Ireland. The District Court has jurisdiction to deal with certain types of family law application but not applications for divorce or separation.

As family law systems within the courts continue to expand, Mediation is beginning to come to the forefront of dispute resolution systems. There has been a marked increase in the number of mediators trained within the Republic of Ireland. Companies such as Friarylaw and Family Mediation Ireland have trained several hundred mediators within recent years. There has been a recent change in the court rules which will grant a County Registrar the necessary powers to send a case out of the courts and into mediation. The County Registrar is a court official with the necessary power to make certain types of order before a court case goes to hearing. The recession has begun to effect the number of cases been referred to trial. People have less resources available to wage protracted legal proceedings.

Further legislative changes will be enacted in due course which will involve a further drive to push an increasing number of cases to mediation. A party who fails to go to mediation, where requested to do so by the other side to a legal dispute, may face punitive measures from the courts to include been commanded to pay both sides legal costs. Accordingly, parties may have no choice but to thrash out their differences at the mediation table.

Mediation offers parties a viable alternative to bad relations going forward. Where parties exit the courts system this can lead to further bad feelings and acrimony. As court systems continue to develop within the Republic of Ireland, mediation is becoming the new face of alternative dispute resolution. Parties attending mediation are advised to take legal advice throughout the process.

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 family mediation, and family mediation services.