Dear Claudine,

My husband and I have been married for a short period of time and we have no children. We purchased our house approximately four years ago and have a joint savings account. Our relationship has broken down and we would like to resolve our issues in an amicable way. A friend of mine has recommended mediation. I would appreciate if you could advise me what mediation is and how could I start the process.

Thanks

Claire

Dear Claire,

Thank you very much for your letter. Mediation is a service to assist couples who have decided to separate or Divorce or if they have already separated, to negotiate their own Terms of Settlement on terms which they both find acceptable. The Family Support Agency is a free State run service staffed by professionally trained and accredited Mediators. There are over fourteen offices in Ireland and in order to locate the Family Support Agency nearest to you, I would advise you to contact your local Citizens Information Centre or Garda Station. The Family Support Agency encourages a separating couple to communicate and co-operate with each other with a view to agreeing mutually acceptable arrangements in relation to the following issues, the division of assets, the provision of financial support to a spouse and/or children, pensions, debts, and inheritance rights. Mediation is not marriage counselling or a legal advice service. A Mediator’s role is to identify all of the issues to be discussed and agreed on an individual basis. They will endeavour to create an atmosphere of co-operation in which couples can discuss openly and honestly the issues which they are concerned about following the breakdown of a relationship. Discussions are completely confidential and a Mediator will remain impartial and objective at all times. In advance of obtaining an appointment to attend with a Mediator, each party must contact the service independently and confirm that it is their intention to seek the services of a Mediator. Mediation usually takes approximately three to six one hour sessions. The completion of the Mediation should result in a written document which clearly sets out all of the issues which a couple have openly discussed and agreed with their Mediator. This document can then be taken to a Solicitor who will further advise the couple in relation to all issues agreed and thereafter a Deed of Separation may be drafted and executed by the parties. This is a legal document and generally each party would obtain legal advice from their own solicitor in advance of signing it. Mediation is a wonderful service for those couples who are able to resolve their issues in an amicable manner and by agreement. I hope that this addresses your immediate concerns.

With Every Good Wish.

Claudine