Strategy and Plan for the Provision of Family Mediation Services 2021- 2023

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Strategy and Plan for the Provision of Family Mediation Services 2021- 2023
Strategy and Plan
for the Provision
of Family Mediation
Services
2021- 2023
Strategy and Plan for the Provision of Family Mediation Services 2021- 2023
Foreword by the
Chairperson and                                                                          Mr Philip O’Leary   Mr John McDaid

Chief Executive                                                                          Chairperson         Chief Executive

 This Strategy and Plan for the provision of family mediation services for the
 period 2021 – 2023 is aligned with our overall Statement of Strategy 2021 – 2023.
 It draws on the high level objectives in that Statement of Strategy as a means of
 setting the direction for the provision of family mediation services for the next
 three years. This Strategy and Plan will be fundamental in bringing about an
 efficient and effective mediation service for the end user.

In developing this Strategy and Plan a considered        We hope that the Strategy and Plan objectives will ensure
consultation process was undertaken which was            the following for users of our service:
fundamental to the identification of strategic
                                                               Users will meet persons trained in information giving
objectives, plans and key performance indicators
                                                               on mediation and will be given relevant and timely
for the next three years. The consultation process
                                                               information with regard to the options available to
commenced with a situational analysis of family
                                                               resolve their dispute.
mediation services and identified a number of
strategic issues to be considered. A number of                 Users will be facilitated with a speedier service in
consultation meetings were held which allowed                  terms of waiting times to access the service and the
interested colleagues across the organisation to               average time taken to mediate a dispute to resolution.
offer views on the strategic direction of the service.         Users who are not within easy reach of our offices
Those views, along with potential legislative                  will be offered the service via technological solutions.
changes, current and anticipated future policy and             Users who are obtaining legal services from the
the Board’s overall Statement of Strategy 2021 -               Board will be given access to family mediation
2023 have informed this document. Our obligations              services without having to wait.
regarding Section 42 of the Irish Human Rights and
                                                               Business cases will be made to the Department of
Equality Commission Act 2014 are stated in our
                                                               Justice expand in line with demand for the service as
Statement of Strategy 2021 – 2023 and mirrored in
                                                               an effective option to resolve family disputes.
this document.

                                                               Mr Philip O’Leary           Mr John McDaid
                                                               Chairperson                 Chief Executive
Family Mediation
Better for you.
Better for your children.
Better for the future.
Purpose
We are an independent statutory
body responsible for the provision
of civil legal aid and advice, family

                                                      Mission
mediation and vulnerable witness
related services and for the
administration of a number of ad
hoc legal aid schemes. We are a key                   Our Mission is to deliver timely, effective,
strategic partner and a civil agency                  inclusive and just resolution of family
of the Department of Justice.                         and civil disputes to those most in need of
                                                      our assistance, through high quality legal
                                                      representation and advice and / or mediation
                                                      and to manage other aspects of legal aid which
                                                      have been entrusted to us.

                  Vision
                  We will be instrumental in ensuring access to
                  justice to those most in need, through a highly
                  motivated and trained workforce, external
                  providers and working with stakeholders
                  across the justice framework and beyond.

                                                                          Respect
                                                                     We respect, treat equally
                                                                      and with dignity, the
                                                                      diverse users of our
                                                                        services and our
                                        Child centred                    colleagues both
                                     We recognise that children         within the Board           Client centred
                                      are at the heart of many            and across the          We put the client, access
                                      of the disputes we seek             justice sector.         to justice, and problem
                                       to resolve and we will                                     solving at the centre of
                                      seek to ensure those to                                      our decision making.
                                     whom we provide services
                                          understand this
                                              approach.

                               Integrity                                                                          Openness
                              We are at all times
                                                                                                               We continue to be open

                                                                      Values
                           honest and accountable.
                                                                                                               in the manner in which
                              We strive to ensure
                                                                                                               we reach decisions and
                           fairness. We continue to
                                                                                                                  the client is at the
                          ensure value for money in
                                                                                                                     centre of our
                             the manner we offer
                                                                                                                   decision making.
                                 our services.

                                          Influence
                                        We seek to maximise
                                      our influence in the area                                    Collaboration
                                        of access to justice,                                      We work in partnership
                                                                                                     and consultation with
                                       ensuring we highlight
                                       when necessary where
                                                                          Learning                 stakeholders across the
                                                                          Recognising that        justice system to seek the
                                            our statutory           knowledge and agility are
                                         framework may be                                           achievement of shared
                                                                     key to the organisation’s            objectives.
                                       denying those in need.       future, we foster a culture
                                                                       of learning (including
                                                                        specialist learning),
                                                                     development, innovation
                                                                            and problem
                                                                              solving.
Internal Environment
Our People, Resources & Culture
Applicable Statement      Provision of family mediation services            Key Performance Indicators
of Strategy 2021 - 2023   strategy & plan objectives                        By 2023
Objectives

We will develop and       We will have a prioritised service delivery       A documented prioritised service delivery
align our resources       model which will allow for priority to be given   model which offers the most effective legal
and capabilities          to persons receiving legal services from the      and mediation service for the client.
with demand on our        organisation with a view to providing a unified   At the co-located offices, any necessary
services to ensure an     service for the client.                           decisions are made on local line management
efficient and effective                                                     structures that are necessary to ensure an
service for the client.                                                     efficient and effective service.
                                                                            Clerical staff in the offices trained in
                                                                            information giving about mediation, key legal
                                                                            issues and relevant services.

                          We will anticipate aligning our internal          A documented plan outlining the requirements
                          resources, to the extent required, with the       on the service in the light of the potential
                          potential enactment of a Family Court Bill        enactment of a Family Courts Bill and other
                          and in doing so have regard to the Board’s        changes to the family justice system.
                          experience to date of having mediators present    No further court presences developed other
                          in the court environs.                            than in locations where more centralised
                          In terms of developing our presence in further    family courts may be situated in the future.
                          court environments we will only do so if the
                          location is likely to be a site for one of the
                          more centralised family courts that the Courts
                          Service and the Family Justice Oversight
                          Committee is contemplating.

                          We will reduce the time from when a client        A reduction in the average number of days
                          first applies for mediation to mediation          from when a client agrees to mediation to the
                          completion.                                       first session and when a final agreement is
                                                                            made in comparison to the previous year/three
                                                                            year average.

                          We will identify issues that are affecting        Waiting times in line with Board targets.
                          throughput of cases and implement a range of      Diary measurement of 3 cases per day. A
                          procedures to deal with them. We will reduce      decrease in the number of mediator sessions
                          the number of slots for sessions a mediator       per case in comparison with at least one year
                          has available which go unused.                    in comparison to the previous three year
                                                                            average.
                                                                            A reduction in the proportion of session slots
                                                                            which go unfilled in comparison to the previous
                                                                            year/previous three years/overall average.

                          We will provide value for money in delivering     A decrease in the total direct cost per case in
                          the mediation service.                            comparison to the previous year/three year
                                                                            average.

                          We will recruit and train new mediators each      Five new mediators trained each year.
                          year and in doing so we will seek to have
                          regard to having a more diverse workforce of
                          mediators.
Applicable Statement       Provision of family mediation services            Key Performance Indicators
of Strategy 2021 - 2023    strategy & plan objectives                        By 2023
Objectives

(continued)                We will work to improve the key performance       Clear and documented performance indicators
                           indicators for family mediation offices and       in place with an active monitoring system.
                           the provision of family mediation services
                           generally and also the means by which those
                           indicators are monitored.

We will ensure             Communication policy and procedures               Communication Policy and Procedures posted
our staff are seen,        implemented.                                      on iLAB and implementation of same reviewed
engaged and listened       Staff working in the mediation area will meet     quarterly.
to. We will build on       at least twice yearly with senior management      Minutes of twice yearly meetings will be
the communication          including the Director of Family Mediation and    posted on iLAB.
initiatives employed       the Director of Human Resources. At least one
during the Covid-19        of these meetings will be a virtual meeting.
pandemic and continue      The meetings will be agenda based and
this approach into the     minuted.
future.

We will explore and        We will utilise technology as a means of          Line Manager Case Consultations, Reflective
implement solutions        ensuring the vast majority of:                    Practice Group meetings and most learning
as regards how             > line manager case consultations                 events being conducted via technological
technology can                                                               solutions.
                           > reflective practice groups
provide access to and
                           > other learning and development events
assist with learning and
development                take place using video conferencing and thus,
                           increase the availability of mediators to offer
                           dispute resolution consultations.

We will foster an          We will implement a Continuing Professional       A CPD requirement in place. Specific training
environment focused        Development requirement for Board                 plans in place for staff working in this area.
on staff development,      mediators. The learning programme for
learning and innovation    both mediators and support staff will be
in the delivery of         organisation led while at the same time having
services in response       regard to individual training needs.
to an ever-changing
legal and social
environment.

We will commence an        Steps will be taken to improve the diversity      A more diverse workforce in terms of gender,
on-going assessment        of our mediation workforce having regard to       ethnicity and age.
of our workforce           among other things, gender, ethnicity and age.
with a view to the
organisation being
reflective of the
broader community in
terms of gender, race,
and diversity.
Operating Environment
The Justice framework
Applicable Statement      Provision of family mediation services             Key Performance Indicators
of Strategy 2021 - 2023   strategy & plan objectives                         By 2023
Objectives

We will work with         We will undertake social marketing in              Social Marketing will be evident in appropriate
our stakeholders to       appropriate places to ensure all applicants and    places – internally and with the cooperation of
improve the level         potential applicants are exposed to the right      external stakeholders.
of awareness of the       information in terms of resolving their dispute.
Board’s services and
also to address how       We will engage with relevant stakeholders who      Documented engagements with stakeholders.
we can meet the           may act as ‘gateways’ to the Board’s services
needs of persons and/     with a view to improving awareness of our
or communities who        services among those who can benefit from
may be marginalised       mediation, particularly those who may not be
or in danger of           able to afford private mediation.
marginalisation.

We will seek to put       We will offer mediation via technology to those    Policy implemented regarding offering
in place solutions to     not within easy reach of our services when it is   mediation via technology. Video enabled
facilitate those that     appropriate to do so. We will take our learning    mediations taking place.
are not within easy       from the initiatives employed during the
reach of our offices.     Covid-19 pandemic in drafting a policy.
Those solutions
will have regard to
the availability of
information on our
services and access to
those services and to
how technology can
assist.

We will facilitate a      We will work with law centres to ensure            Prioritisation policy in place and being
timely consultation       applicants who satisfy the financial eligibility   implemented.
following receipt of      criteria set out in the Civil Legal Aid Act 1995   Monitoring system in place which will
an application for        and who are referred for family mediation          document proof, or otherwise, that more
services. We will         services are afforded a priority service over      applicants to the Board are opting for
assess and implement      those who may be in a position to pay privately    alternative dispute resolution rather than
measures including        for family mediation services.                     litigation.
empowering staff to
assist in meeting this    We will train administrative staff to enable       Training programme for administrative staff
target.                   them to give meaningful information to             established and rolled out.
                          applicants and clients regarding the mediation
                          service.

                          In accordance with the statutory Board’s           Options presented to the Board in terms of
                          decision of September 2018, we will again          introducing the requirement to pay for the
                          examine the option of mediation services           service.
                          remaining universally accessible but on the
                          basis that clients, or certain clients, make a
                          financial contribution.

                          We will adopt and apply a consistent policy        A clear policy in relation to hearing the views
                          in relation to hearing the views of the child      of the child in mediation in place.
                          in mediation having regard to the age and
                          maturity of the child.
Applicable Statement        Provision of family mediation services             Key Performance Indicators
of Strategy 2021 - 2023     strategy & plan objectives                         By 2023
Objectives

We will monitor,            We will monitor legislative changes which          Documented reflection on the merits or
anticipate and respond      require us and / or allow us to expand our         otherwise of making a case to the Minister to
to legislative changes.     services and meet the needs to those who           approve a Scheme on foot of section 23 of the
We will seek to involve     require a dispute resolution mechanism. In         Mediation Act 2017.
ourselves at the earliest   particular we will have careful regard to the
opportunity when            possibility of making a case to the Minister to
relevant legislation        establish a scheme of information sessions in
is being drafted and        certain family law matters on foot of section 23
offer observation from      of the Mediation Act 2017.
the perspective of
                                                                               Business cases submitted to the Department
those in need of our
                                                                               of Justice seeking the resources to expand the
services and from the
                                                                               service into new areas when appropriate.
perspective of our
operating environment.      We will bring the pilot of the provision of        An evaluation of our involvement in child
                            family mediation in child abduction cases to       abduction cases undertaken with a consequent
                            an end and evaluate the pilot. We will make        business case to the Department of Justice if
                            a submission to the Department of Justice          deemed appropriate.
                            should the evaluation support a submission for
                            resources.

We will continue to         We will examine and recommend appropriate          Support offered when required to the Irish
develop our research        research topics, either internally or in           Research Council Enterprise Partnership
function, liaising          conjunction with third level institutions and      research currently being undertaken into the
with service users,         other relevant stakeholders, in the area of        client journey.
third level institutions    family mediation to further our collective
and other relevant          knowledge.
stakeholders, to
                                                                               Research on the availability of information on
further our collective
                                                                               mediation in the wider justice framework will
knowledge and ensure
                                                                               be completed, the outcome of which will be
our policy decisions
                                                                               used to inform policy.
are evidence based
to the greatest extent      We will improve the level and quality of the       Gaps in data will be identified and steps taken
possible.                   management information available to the            to fill those gaps.
                            Board to allow greater statistical analysis and    Ready availability of necessary management
                            to better inform decision making.                  information and statistics.

                            We will evaluate to a much greater extent,         Evaluation of co-location model completed.
                            the impact for the client of the co-location of    Individual evaluation of any further
                            the law centre and the family mediation office     opportunity.
                            where co-locations have been established.
                            Pending that more comprehensive evaluation,
                            we will carefully evaluate any co-location
                            opportunity from a value for money
                            perspective.
Family Mediation
Better for you.
Better for your children.
Better for the future.
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