Supreme Court Justice Calls for Mediation of Family Law Matters

Well, it’s the Supreme Court of Ireland’s Justice who argued for more mediation of Family Law matters and its integration into EU regulations.  So many judges clamor for mediation, particularly in divorce, because they’ve seen what happens in litigation to families.  Indeed, in California – all divorces must go to mediation (many courts in Georgia also mandate it)! 

However, these same judges also recognize, as noted in the article, that divorces often are emotionally charged matters that lead to illogical conduct:  “The irrationality comes from the fact that the people involved have not separated in the same way, that one person is further away from the relationship than the other.”  It is this fact – that spouses may be at different psychological stages of the break-up – that can have a major impact on the success of mediation.  Depending on where the spouses are, no agreement may be able to be reached simply because one (or both) aren’t ready to be “rational” about the future.

So, does it make sense to order all divorce petitioners to mediation when it may be “too early” for a rational discussion of settlement?  Or, does court ordered mediation prompt people to “get real”?


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