Ep. 18 - Panel 4A - An evaluation of child protection mediation programs - Rebecca Murphy (Ind.)

NPPSH Conference

Children often find themselves at the centre of a variety of legal disputes and, as a result, they may enter the court system through a number of possible doors. Some of these disputes involve disagreements between parents, while others involve the possibility of state intervention due to child protection and safety concerns. What must be remembered is that children's futures are significantly impacted by the door through which their family enters the legal system. In Ireland, there are many instances where parents recognise that they are unable to care for their children and these children are received into care through a voluntary care agreement. However, the details of the parenting plan are often left vague, with the potential for future disagreement. In many instances, such voluntary care agreements result in applications to court leading to high tensions and a breakdown of trust between the parents and the child welfare agencies (section 4 of the Child Care Act, 1991). This process of reaching “agreements” may, in some circumstances, more appropriately be managed through alternative dispute resolution, such as mediation. Unfortunately, the use of mediation within child protection cases is not current practice in Ireland. Building on this existing research regarding alternative dispute resolution processes, this paper will examine child protection mediation programs operating in the USA and explore the largely uncharted potential of child protection mediation in an Irish context. This will inform policy and state actors as to the potential benefits/disadvantages of developing child-inclusive mediation at a national level. Rebecca Murphy graduated from Maynooth University with a double first-class honours degree in law and music (BCL). Since July 2015, Rebecca Murphy has been employed by the Courts Service as a judicial assistant/researcher for Her Honour, Judge Rosemary Horgan, and President of the District Court, who has extensive knowledge in all areas of family and child care law. Rebecca’s role as a judicial assistant/researcher has allowed her the opportunity to witness the realities and in some cases the distresses of family and child protection proceedings brought before the Dublin Metropolitan District (DMD) on a daily basis.