The Law society has released an updated practical guide to Alternative Dispute Resolution for Solicitors to aid them in their advice to their clients on alternative dispute resolutions. The purpose of this guide is to provide Solicitors with a good understanding of the different techniques for resolving disputes which are available.
This guide is of particular importance for Family Law Solicitors and should be the go-to guide when it comes to Alternative Dispute Resolution. ADR is gaining traction in Ireland and can be a great resource for resolving family law disputes without the necessity of the Courts. Family law proceedings bring with it an emotional and financial toll which can be detrimental to the family unit, which is why ADR can be so beneficial. ADR refers to the process which helps parties reach resolution to their issues outside of the traditional court proceedings. In family law, it can be beneficial with issues relating to divorce proceedings, maintenance, access, property division.
This booklet offers practitioners a quick and practical guide which will not only outline the availability of ADR but also help to choose which is the most appropriate method. Its outlines the methods available with a summary on each and an in-depth analysis including the pros and cons and the differences between the methods. It also outlines the roles practitioners play in each and an outline of the process and procedure for each method.
Types of ADR outlined in the Guide:
- Mediation
- Arbitration
- Expert determination
- Construction adjudication
- Conciliation
- Other forms
Benefits of ADR in Family Law
- Cost Effective
- Time saving
- Confidential
- Preservation of relationships
- Empowerment
Challenges to ADR
- Power imbalances
- Enforceability
- Awareness
It is important to be able to advise our clients effectively on all methods of Alternative Dispute Resolution, therefore, this guide should serve as a valuable resource to help decide what method would best suit each client’s particular circumstances.
If you require any advice on any family law matter do not hesitate to contact Brendan Dillon, Emma Dillon or Alice Downey on 01 2960666
