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Appropriate Dispute Resolution (ADR) in Ireland: A Handbook for Family Lawyers and Their Clients, by Josepha Madigan
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In Irish family law, Appropriate Dispute Resolution (ADR) 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. Ireland's draft Mediation Bill 2012 provides that solicitors and barristers have a duty to provide information and advice on mediation. This book is the first on this topic devoted to the requirements of the Irish market and assists family lawyers to embrace ADR as an integral part of their practice and educate family law clients on the workings and advantages of ADR. Contents include: the development of family law in Ireland since the introduction of judicial separation and divorce * the adversarial nature of the family court system * the lack of resources within the current system * mediation * collaborative practice * neutral experts in family ADR * finality within reason
- Sales Rank: #12166854 in Books
- Published on: 2012-07-23
- Original language: English
- Number of items: 1
- Dimensions: 13.74" h x 1.18" w x 8.15" l, 1.90 pounds
- Binding: Paperback
- 540 pages
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ADR by another name....
By Phillip Taylor MBE
BOOK REVIEW
APPROPRIATE DISPUTE RESOLUTION (ADR) IN IRELAND
A Handbook for Family Lawyers and their Clients
By Josepha Madigan
Plus a team of specialist contributors
Family Law - Jordan Publishing Ltd
ISBN: 978 184661 329 6
[...]
ADR BY ANOTHER NAME: A POSITIVE AND PRACTICAL APPROACH OF INTEREST TO UK PRACTITIONERS AS WELL AS THOSE IN IRELAND -
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
What's in a name? In England and Wales, `ADR' means `Alternative Dispute Resolution'; in Ireland ADR stands for Appropriate Dispute Resolution. (In Australia, the same process is known as External Dispute Resolution.) So is there a difference? Does the difference in nomenclature indicate a difference in attitude or orientation, or ethos?
This rather absorbing book by Josepha Madigan, with its clear and practical approach, enables lawyers and other professionals in both jurisdictions to compare the UK system - if that's the right word - with its Irish counterpart and vice versa.
Note that the expert author is a member of the Law Society of England and Wales as well as the Law Society of Ireland.
In addition to a lengthy list of qualifications in this field, she is a Resolution trained and accredited mediator, specialising in family disputes and separating clients.
It seems that in Ireland, barristers and solicitors have a duty to provide information and advice on mediation, following the draft Mediation Bill 2012 This of course indicates a stronger stance on mediation than that which currently prevails in England and Wales, where practitioners are encouraged by many judges -- but not all -- to mediate, or seek a collaborative solution before going to court.
The point is made in the foreword to the book that in Ireland (as elsewhere) family law issues are becoming so much more complex, with an ever-expanding range of issues and participants, such as single parents, same sex couples, sperm donors, foreign partners (whose cultural differences need to be recognised) and so on.
The adversarial system in many of these cases is herein described as a `blunt instrument' for resolving such disputes. The remark is made that `all initiatives (including mediation) designed to improve the resolution of family law disputes are to be welcomed'.
The publication of this book is therefore timely, it being, apparently, the first title on this topic devoted to requirements of Irish professionals, as well as their clients who can also benefit from the practical guidance provided on ADR. Certainly, the author explores the pitfalls of ADR as well as its advantages.
The book is designed, she states `to empower clients with a viable and often more appropriate mechanism for resolving family law disputes' in the hope that the book will emerge as `a reference tool for the judiciary, lawyers, mediators, collaborative practitioners, counsellors psychologists, psychiatrists, therapists, GPs and all those who are at the coalface of...relationship breakdown.'
For all those who find themselves at this selfsame `coalface', this book should rank as a must-read work of reference and an invaluable acquisition for any professional involved in this complex and sensitive area. Reference tools abound, including tables of cases, statutes and statutory instruments, as well as a very useful table of European and International Legislation. The publication date is cited as at May 2012.
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