In Irish family law, mediation and going to court are two different ways of resolving issues such as separation, parenting arrangements, maintenance, property, or access to children.
Mediation is a voluntary and private process where an independent, trained mediator helps both parties discuss their situation and try to reach an agreement. The mediator does not take sides, give legal advice, or make decisions for either person. It can be less formal, quicker and usually less costly than court, and it may help parents maintain a more workable relationship. However, any agreement should be reviewed with a solicitor and may need to be made legally binding through the courts, particularly where property, finances or children are involved.
Court is a formal legal process in which a judge makes decisions when the parties cannot agree, or where there are serious concerns such as domestic abuse, coercive control, child safety, or one person refusing to provide financial information. Each person may have a solicitor or barrister, evidence can be presented, and the judge can make binding orders about custody, access, maintenance, guardianship, protection, divorce or judicial separation. While court orders are enforceable, court proceedings can take longer, cost more and may be more stressful.
In many cases, people are encouraged to consider mediation first, however, mediation is voluntary and may not be suitable or appropriate in every situation.