Must couples seeking a divorce attend mediation if one insists on it?

A 2018 research paper on mediation...
Mediation has formed part of the legal framework governing all-issues separation and divorce in Ireland since 1989 and family mediation services have been provided free of charge by the state since 1986 (Conneely, 2002, p.1). Nonetheless, uptake of mediation among family law disputants remains low. Just over 1,500 couples attended first mediation appointments with the state-funded Family Mediation Service in 2015 (Legal Aid Board, 2015, p. 34). A further 1,603 individuals attended a court based mediation session (Legal Aid Board, 2015, p. 34). To put these statistics in perspective, the Courts Service Annual report for 2015 records a total of 5,852 marriage law applications, and 29,582 additional general family law applications, excluding those relating to domestic violence (Courts Service, 2016, pp. 44-46). There are no available statistics for private family mediation and in the absence of specific Irish research mapping pathways through the family justice system the extent to which couples engage with mediation outside state provision is unclear, but it seems likely that, as in other jurisdictions where mediation is optional, it is a relatively small part of the family dispute resolution process (Barlow, Hunter, Smithson & Ewing, 2014, p. 6; Bastard, 2010, p. 139).
 

Attachments

  • Reframing the Mediation Debate in Irish All-Issues Divorce Disput.pdf
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to inply almost all seperaition cases are setteled without Mediation or attempted Mediation is just plain wrong,'
I was responding to Clubman Google check where he/she search returning 1% in relation to the number of seperated cases who used Mediation before it got moved by mods (not MF1 Sorry,
It is plain wrong the figure who use Mediation around where I come from is very high and I have not met anyone yet who regret using Mediation, I have met people who in the past have gone trough seperation and regret not knowing about Mediation at the time they seperated years ago they can see how Mediation has focused on Issues that got Missed when they got seperated that even time has not fully repaired,
That is not what I said.
Correct I only notice I had put MF1 at the top of the heading Sorry,


Clubman,
I see your post no 21
Because it is a attachment I cannot highlight it,
Go back and read your own post no 4 above where you clearly state, couples that go trough Mediation
possibly as low as 1% with most negotiating settlements via there legal teams or depending on the courts/judges to impose terms, even your own attachment makes a mockery of your as low as 1% With most negotiations settlements
via there legal teams or depending on the courts/judges to impose terms,
At 1% and taking the figures showing is the Attachment in a few years Ireland would no longer have any Married couples and the family courts would be out of business,

The above attachment clearly states that no private Mediation is included in the figures
where I live private Mediation is very popular spread by word of mouth or recommendations from family law solicitors in my area which I understood up to now solicitors are suppose to supply along with any state Mediation services

personally from knowing seperated couples who in the past didn't know about or weren't offered mediation leading to agreements made trough solicitors and often regretted the outcomes it was all done from a legal point of view with little of no regard of the damaged these agreement had on the children's relationship with at least one parent the very thing family courts set out to protect
Family courts today are better at understanding and balancing what is fair but also taking into account life long relationships so both parents can be involved in there Children's upbringing,

In cases like this Family courts often insist on trying Mediation You can read between the lines if one side reject mediation what way the hammer will fall,

As mediators are impartial and Independent and neutral In my opinion putting it about that they may only make up one % of agreements reached is of no help to a poster who stated he seen his future as a Dad for a few hrs at the weekend and maybe the odd film now and then
Trowing in a few digs hear and there ruined the very good advice offered,
The sad thing I find is when the digs start at the OP looking for advice posters who would normally be helpful stay away from offering advice,
 
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I was responding to Clubman Google check where he/she search returning 1% in relation to the number of seperated cases who used Mediation
I was referring to search results that suggested that the update of mediation was the exception rather than the rule - the paper that I cited above and what @mf1 posted above suggests that this is indeed the case.

And I'm pretty sure that no judge will ever penalise anybody for not engaging in mediation in spite of some insinuations that this might happen.
 
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