Keith Walsh SC

Keith Walsh SC, managing partner of Keith Walsh Solicitors, told Irish Legal News that the 2024 guide is a “must-read” for family lawyers in particular.

Produced by the Law Society’s ADR committee, the new guide provides practitioners with a practical summary of the wide range of dispute resolution methods available — covering mediation, arbitration, expert determination, adjudication, conciliation and various other forms of ADR.

Importantly for solicitors, the role of practitioners in each of the methods is also identified.

It is hoped that the booklet will serve as a quick and practical guide for solicitors to assist in ensuring that their clients are advised not just of the availability of ADR methods but also to help choose the most appropriate method in particular situations.

Mr Walsh said: “The recently launched ADR guide produced by the Law Society has a welcome increased focus on family law. This further promotes the use of ADR in family law and is in line with the emphasis on ADR in family law in the recently passed Family Courts Act 2024.

“However, the guide also highlights areas where ADR is not permitted in family law, namely the ban on mandatory mediation sessions where there may be domestic violence involved in the family, per Article 48 of the Istanbul Convention.

“There is a renewed focus on ADR in family law, including the importance of taking into account the best interests of child and the hearing voice of the child in family law ADR processes.

“Other family ADR such as collaborative law is highlighted. Collaborative law and practice aims to find a deep, equitable and sustainable solution for people who are in dispute.

“It is geared towards the future and towards the wellbeing of all the parties. The essence of the process is that it is in the best interest of the participants to try to resolve the disputes in a non-confrontational way.

“The new Law Society ADR guide is a must-read for family lawyers as well as anyone involved in dispute resolution.”