By Sarah Jane Maloney, University of Limerick
Collaborative Law is an advisory Alternative Dispute Resolution (ADR) Process. The Law Reform Commission describes collaborative law as “an emerging method of dispute resolution for separating or divorcing couples, where the parties and their lawyers agree to resolve the issues without litigation.” (more…)
By Lucy Fitzgerald, University of Limerick
The collaborative law model originated and was developed in the US in the early 1990’s by a lawyer called Stuart Webb. This alternative method of dispute resolution is practiced predominantly in the area of family law and was generated as a result of the profound dissatisfaction experienced by many lawyers and their clients with the traditional adversarial model.
By Katie O’Riordan, University of Limerick
The LRC defines collaborative lawyering as ‘a problem-solving method of dispute resolution, used primarily for the resolution of family disputes, where the parties and their lawyers agree, through a contractual commitment, to resolve the issues without litigation.’ According to Horgan, it ‘is a new dispute resolution model in which each spouse retains a solicitor to help them to negotiate an outcome that they consider, following independent advice, to be fair and acceptable.’
By Aideen Scannell,University of Limerick
In the introduction to the Law Reform Commission’s 2010 Report on Mediation and Conciliation, the Commission recommends that a “Mediation and Conciliation Act should be enacted to provide a clear framework for mediation and conciliation” The Report itself makes over one hundred reform recommendations and includes a Draft ‘Mediation and Conciliation’ Bill. To understand if this Draft Bill, if enacted, would lead to more questions than answers we will have to look at the current legislation governing Alternative Dispute Resolution in Ireland.
A UN Women review reveals that since 1992 fewer than 10 percent of peace negotiators have been women.
On the 21st of September, on the opening day of the General Assembly’s annual session, Finland’s President Tarja Halonen used her speech to point that women have an important role to play in conflict mediation.
“The record is far from impressive at the moment as the number of women around the negotiation tables continues to be strikingly low.”
The United Nations Mediation Service
The Mediation Service was established by the General Assembly as part of the United Nations Ombudsman and Mediation Services (UNOMS) to strengthen the United Nations internal justice system.
Mediation skills could be employed in all of the following contexts:
• prior to conflict through preventive diplomacy;
• during a conflict through peacemaking activities;
• after a conflict to promote implementation modalities and agreements
• during peace-building efforts to consolidate peace and lay the foundation for sustainable development.