The Gazette 1988

DECEMBER 1988

GAZETTE

McDonagh explores this idea of go i ng " b e y o nd r i g h t s ", " t h e attempt to translate all morality into the language of rights could c o n s t i t u te an e n o r mo us im- poverishment of morality in the Christian and in the wider human condition. Where would that leave friendship, hope, love and forgive- ness values which are incorporated into the spirit of mediation". These are very worthy sentiments but the sense of fairness, justice and rights is ve ry deep ly emb e d d ed in humanity. Even small children have a strong view of what is " n o t fair". Separating couples both in media- tion and in ordinary settlements voluntarily accept a diminution of their rights but they must do so knowingly. Experience of the working of the mediation service shows up both advantages and problems but f ew family lawyers would not accept that mediation in its best sense p r ov i des a va l uab le se r v i ce. Mediation has been successful for a large number of the couples who have operated the system.

Cos ts As in the case of the legal system the awkwa rd question of costs must arise. The Department of Justice Family Mediation Service is free to clients but private services must charge fees and I have seen fees charged by private mediators at times which are at least as high if not higher than any fees charged by solicitors. There is a clear need for an expansion of the free family mediation service, in particular outside the Dublin area, as at present the only mediation centre is in Dublin. In t he p r esent atmosphere of cutbacks in State services one cannot be very o p t i m i s t ic t h a t t h is w i ll be achieved. One can only hope that the present service at least will not follow the path of the legal aid scheme set up under the Legal Aid Board wh i ch started off w i th high hopes but over the past few years has seen itself underfinanced and understaffed and unable even w i th its best efforts to cope w i th the enormous demand made on it.

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