Strategic Review of the Mediation Service Community Law & Mediation

Report

March 2016

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Introduction

CLM’s Mediation Service was established in 2004 by then named, Northside Community Law Centre to address the need for free mediation at community level, particularly beyond the traditional field of family law. This was due to the fact that many in the community were experiencing conflict in other areas, for which traditional legal remedies were inadequate or unsuitable. In response, the Mediation Service set out to expand mediation outside of the conventional area of separating couples disputes and mediation was offered on community issues such as boundary disputes and antisocial behaviour. Over the years, the service has expanded to include conflict coaching and mediation in areas such as separating couples, parental disputes, elder mediation, sibling disputes, workplace disputes and grandparent visitation mediation.

The Mediation Service fits well within the many services offered by Community Law & Mediation whose overall aim is that of empowerment of those living in disadvantage whether this is by providing them with legal advice and information so that they are better able to assert their rights or, as with mediation and conflict coaching, by providing them with the means to take control of their lives by resolving disputes themselves. In this way, Mediation complements the legal service as an alternative dispute resolution process when the latter is not appropriate. This is particularly true of private disputes between family members and neighbours where it is vital that good relationships are preserved and parties are enabled to take important decisions over matters which affect their lives.

The mediation and conflict coaching services are delivered by a large, committed group of volunteers, without whom, the Mediation Service would not exist and whose generous commitment of time and expertise CLM acknowledges and appreciates.

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Background to the Review

The demand for CLM’s Mediation Service has grown steadily since it was set up in 2004. For example, there were 19 cases in 2006, 139 cases in 2008 and 212 cases in 2014. In 2012, in order to meet the increasing workload associated with case administration and volunteer coordination, the staff resources were expanded from one part time position to one full time and one part time position. Although the cost associated with these additional resources was met in 2013 by a number of once off projects, the service suffered financial deficits in 2014 and 2015 resulting in the Board of Directors making the difficult decision to make the part time role redundant, surrender the office occupied by the Mediation Service and move the service to the main CLM office on the first floor of the same building. The staff redundancy coincided with the loss of a number of Community Employment staff due to their securing full time employment elsewhere. This reduction in staff resources led to the decision to temporarily refer all new separating couples and parental cases to the Family Mediation Service while continuing to take on new community and conflict coaching cases and family cases outside of the area of separating couples e.g. sibling disputes. In light of the aforementioned financial difficulties and in line with best practice, the Board

of Directors requested the CEO to carry out a review of the Mediation Service to identify

and clarify the Mediation Service’s vision and objectives and how those objectives could be

met within the resources available in a manner that complies with best practice in service

delivery.

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Rationale and Methodology of the Review

A review of the Mediation Service must be based on a clear understanding of the service and wider organisation’s purpose and direction. Consideration must also be given to the service’s resources, so that any objectives identified can be met in a sustainable and appropriate way that complies with best practice and regulatory, legislative and governance responsibilities. In identifying the vision and objectives of the Mediation Service, an analysis took place of:

the needs of the community in the area of mediation (i.e. referrals presenting to the service and indications received from key stakeholders) ;

how those needs are being met by existing services;

how CLM’s Mediation Service can best fit within existing external services and within the overall vision of CLM;

the resources and capacity of CLM to deliver on the strategic objectives identified.

Once the vision and objectives were identified and clarified, an examination took place as to whether the current service activities and structure fit within those objectives. An examination also took place looking at whether the current services are being delivered in a manner which complies with best practice. Data for the report was obtained as follows: Meetings with the following stakeholders:

1. Referral agencies

Courts Service

Family Carers Ireland

Dublin City Council

Gardai

MABS

Citizens Information Centre

Northside Partnership

2. Existing services

Family Mediation Service/Legal Aid Board

Ballymun Mediation Service

South Dublin Mediation Service

3. Training accreditation body-the Mediators Institute of Ireland

4. Partnerships: Representatives from the Bray service and NUIM.

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A review of the training courses currently provided

A review of volunteer and case policies and procedures

A review of the Mediation Service budgets and resources

Focus groups and surveys with staff and volunteers facilitated by independent

consultant, Jean Cullinane. Staff and volunteers considered issues such as the Mediation

Service’s range of services, funding & finance, staffing & administration, volunteer

recruitment, induction, development and support, volunteer safety & security,

publicising the service, case allocation, standards of service and service operation.

A review of the Mediation Bill

A review of current and previous Mediation Service projects

An audit of a selection of Mediation referrals and cases from 2015.

A review of previous Mediation Service business & strategic plans.

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Format of Report

This report will take the form of a number of conclusions and recommendations flowing

from the data collected as part of the review process detailed above. The report addresses

the following key areas:

1. Vision & Objectives

2. Service

a. Mediation Awareness and Promotion

b. Community Skills development

c. Mediation Casework

d. Future Development

3. Volunteers & Staff

4. Governance

5. Funding

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Vision & Objectives

Summary Community Law & Mediation (CLM) is an independent, community-based organisation that

works to empower individuals experiencing disadvantage by providing free legal advice and

representation, free mediation and free information services. At a national level, CLM seeks

to have a wider impact through its campaigns for law reform and by acting as a resource for

other advocacy organisations.

CLM’s Mediation Service was established in 2004 to address the need in the community for

an alternative dispute resolution process to the legal system, which can be expensive,

protracted and difficult to access. The Mediation Service aims to deal positively with conflict

within the community and to minimise the impact and potential for division and destructive

consequences that conflict can bring. Many of the Mediation Service clients are from

disadvantaged communities, who, if embroiled in conflict and dispute have additional barriers

to overcome if they are to participate in and be part of an inclusive society.

The most recent Mediation Service Business Plan for the period 2009-2011 reflects many of

the recommendations in this report for the Mediation Service going forward. It identified

the key casework areas as:

Neighbourhood disputes/ Landlord & tenant complaints

Workplace conflicts

Issues relating to custody, maintenance, access of children.

It also identified 5 key areas to focus on:

1. Service: To provide a quality mediation and dispute resolution service that meets the

needs of the community

2. Training: To train sufficient numbers of mediators, accredited by the MII and to

provide training in dispute resolution and conflict management for volunteers &

service users.

3. Funding: To generate sufficient income to enable all members of the Community,

regardless of their means, to access a high quality dispute resolution service and

training.

4. Communications: To raise the profile of the service and different dispute resolution

approaches.

5. Supporting Staff: To support staff, trainers and volunteers to deliver the service.

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Recommendations CLM Mediation Service Vision To deal positively with conflict in the community by empowering community members and groups to resolve conflict at the earliest point in a dispute through the:

1. Creation of awareness of mediation as a dispute resolution process; 2. Development of skills within the community in the area of dispute resolution; and 3. Provision of an accessible, high quality dispute resolution service to the

community.

Mediation Service Objectives 1. Service:

Create awareness of mediation as an alternative dispute resolution process for issues faced by the community CLM serves.

Empower the community with skills relating to dispute resolution.

Provide an accessible, high quality dispute resolution service to the community in the following areas: o Parental Mediation i.e. custody, access, guardianship, visitation and

ancillary maintenance matters. This will not include full separation agreements or what has been categorised as financial mediation.

o Other Family disputes e.g. between siblings. o Workplace disputes involving small community organisations who lack the

means to access private Mediation Services. o Other Community disputes such as neighbour disputes.

Continue to monitor, review and adapt the service as necessary and as funding allows to develop innovative projects to meet the changing needs of the community.

2. Volunteers & Staff

Ensure all volunteers have adequate training, experience, induction, support and supervision. The training of mediators is not a core activity and should only be undertaken as the need for new volunteers arises or as part of community skills development if appropriate funding is in place.

Ensure that there are adequate staff and office resources to enable a high quality service to be delivered to the community.

3. Governance:

Ensure that CLM’s Mediation Service adheres to all relevant statutory obligations and complies with best practice and good governance.

4. Funding: Ensure sustainability of the service through secure funding.

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Service

Further to the vision as set out above, the Mediation Service’s core activities in terms of

service provision are:

1. Mediation Awareness & Promotion;

2. Community Skills Development; and

3. Mediation & Conflict Coaching Casework.

4. Future Development.

1. Mediation Awareness & Promotion

Summary and Conclusions There is little awareness amongst individual members of the community regarding what

mediation is and how it could assist them in their lives particularly outside the area of

Separating Couples. Other types of disputes e.g. neighbour or sibling disputes are often

organisation referral rather than self-referral. The delay often associated with organisation

referral can result in a dispute becoming more entrenched and more difficult to mediate.

The Mediation Service in Bray supported by CLM has been successful in the area of promotion. A key to its success is the involvement of stakeholders on the Bray Service ‘steering committee’ and the active promotion of the Mediation Service by such stakeholders. A similar ‘Advisory Committee’ was formed with the setting up of CLM Limerick in 2012. This Advisory Committee is comprised of members of various community groups and other key stakeholders who meet on a quarterly basis to provide guidance on the direction and development of the service.

Recommendations 1. Create awareness of mediation as an alternative dispute resolution process for

issues faced by the community CLM serves by running a series of free talks and skills development for individuals in the community to be coordinated by CLM but provided by mediation volunteers and trainers.

2. Give regular presentations on CLM’s Mediation Service to key stakeholders and referrals agencies through the CEO and other CLM staff members.

3. Invite a volunteer mediator to join the Advisory Committee in Limerick. 4. Set up an Advisory Committee for CLM Northside mirroring the Advisory

Committee in CLM Limerick. This should be composed of key stakeholders, including a volunteer mediator, with the purpose of:

a. Providing support and guidance to CLM in relation to its services and project development;

b. Promoting and raising awareness of all CLM’s services in the community; c. Sharing information on issues of relevance within the community;

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2. Community Skills Development

Summary and Conclusions Many disputes could be avoided if one or both parties were equipped with adequate skills in

the areas of Dispute Resolution and Conflict Coaching. This is true of neighbour and family

disputes but also true of disputes between individuals experiencing disadvantage and

employees of frontline services.

Recommendation 1. Empower the community with skills relating to dispute resolution. This can be

achieved through conflict coaching and skills development at no charge for individuals or at a charge for organisations providing frontline services. This is to be coordinated by CLM but provided by mediation volunteers and trainers. This type of training would also assist in promoting mediation awareness and would complement other aspects of CLM’s work.

3. Mediation & Conflict Coaching Casework (see details below

on the Bray & Co Wicklow Community Mediation Service)

Summary and Conclusions-Casework Type CLM’s Mediation Service was established in 2004 to address the need for free mediation at

community level, particularly beyond the traditional field of family law. This was due to the

fact that many in the community were experiencing conflict in other areas, for which

traditional legal remedies were inadequate or unsuitable. In response, the Mediation

Service set out to expand mediation outside of the conventional area of family disputes and

mediation was offered on community issues such as boundary disputes and antisocial

behaviour.

Over the years, however, the levels of such community cases have decreased while the

levels of separating couples cases have increased. Further, innovative projects such as Elder

Mediation (1 case in 2015 compared to 16 in 2010) and Child Inclusive Mediation (6 cases

for the three year period 2012-2015) have never progressed beyond a low level of referrals.

Cases 2008 2014

Parental/Separating

Couples

67 106

Community 62 39

Family 12

Elder 0 4

d. Facilitating engagement between CLM and relevant stakeholders.

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CIM 0 2

Workplace 4 3

Conflict Coaching 6 46

Totals 139 212

Previous strategic documentation from 2005, highlight as threats in its SWOT analysis,

family mediation taking over and the service not reflecting the needs of the community.

The focus of the current service has clearly shifted beyond the original aim of developing

mediation outside of the area of family mediation to responding to the increasing level of

parental and separating couple referrals. This may be due to the low level of mediation

awareness in areas outside separating couples and parental disputes. It may also be due to

the diversion of staff resources to separating couples mediation casework from other types

of mediation casework, mediation awareness promotion and the development and

promotion of new projects.

In terms of other free Mediation Services, there are two community based Mediation

Services in the Dublin area; Ballymun Community Law & Mediation Centre and South Dublin

Mediation Service. Ballymun Community Law & Mediation Centre have developed a peer

mediation programme in local primary and secondary schools. It also provides a mediation

service through a panel of volunteer mediators in the areas of neighbour disputes,

workplace disputes and family mediation. The South Dublin Mediation Service provide a

mediation service through a panel of volunteer mediators predominantly in the

community/neighbour dispute area though they also take on cases in the areas of family,

separating couples and workplace mediation. There are also a number of other ‘mobile’

free Mediation Services throughout the country including Laois Mediation Service,

Drogheda Mediation, Mayo Community Mediation and Mediation Border Counties.

The Family Mediation Service (FMS) is a state run, free service staffed by professionally

trained and accredited mediators. There are 16 offices (including Raheny & Limerick)

located around the country and a number of Court-linked initiatives. This service is for

married and non-married couples who have decided to separate as well as parents who

have never lived together but have a child or children to take care of and deals with issues

such as Parenting, Financial Support, Property and Pensions. In certain circumstances, it can

also assist in disputes within families e.g. siblings and care for elderly parents, mother-in-

law/son-in-law, grandparent. Data received from the FMS for 2015 show that the waiting

lists range from 9 to 48 clients and from 4-16 weeks. The highest and longest waiting lists

are in the four Dublin offices and Limerick (12-16 weeks). It should be noted that there is no

Family Mediation Service in Wicklow.

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Although there are waiting lists in the FMS, the existence of a State funded free service in

the area of Family Mediation raises a strategic question for CLM as to whether it should

focus limited resources on areas for which there are no State funded services and for which

there may be a possibility of attracting funding or whether CLM should allocate resources to

alleviating the FMS waiting lists, given the growing demand for family mediation presenting

at the service despite the fact that CLM has been unsuccessful in attracting any Department

of Justice funding for this service.

There is no disputing the fact that there are lengthy waiting lists in the FMS and parental

and separating couples referrals to CLM’s Mediation Service have consistently increased

over the last eleven years, all of which demonstrate a demand. CLM should seek to strike a

balance so that sufficient resources are available to both meet this demand, particularly in

relation to acute cases and to adequately implement and develop each of the Mediation

Service’s core activities and to allow for future development of the service.

In terms of how to strike the balance, it is worth noting the data obtained as part of a

random selection of 2015 files (every 10th matter was selected):

20 reviewed in total:

o 10 separating couples/parental,

o 2 Family,

o 1 Workplace,

o 4 Community,

o 3 Conflict Coaching

Of the 10 separating couples/parental cases:

o 4 full separation agreements,

o 1 financial agreement,

o 5 maintenance & access.

This raises the question as to whether CLM should provide a service in the area of

separating couples to include full separation agreements dealing with financial matters such

as maintenance, property, mortgages, pension and inheritance rights. Not only are such

aspects of a dispute complex from a legal and financial perspective but their inclusion as

part of the range of services offered increases the possibility of clients approaching the

service who have the means to access private Mediation Services, a point raised by some

volunteers as part of the review.

The Mediation Service Business Plan 2009-2011 refers to mediation casework in relation to

issues affecting children (access, custody, parenting plans, ancillary maintenance) and not

full separation agreements/financial mediation. The former type of casework often tends to

be acute and cannot wait to be dealt with by the Family Mediation Service

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In relation to workplace mediation, there are a large number of private mediators in this

area and in many instances employers have the means to pay for such services. Further,

there is a statutory mediation process through the Workplace Relations Commission,

however, this can only be accessed once a legal case has been initiated. A small number of

workplace dispute cases consistently present to CLM for which legal remedies are not

appropriate and which cannot, due to lack of means access private mediation.

In the surveys and focus groups, many volunteers were of the view that we should handle

all types of cases though some were of the view that workplace and financial/full separating

couples’ mediation should not be handled by CLM.

Recommendations CLM should provide free community mediation and conflict coaching services in the following areas:

1. Parental Mediation i.e. custody, access, guardianship, visitation and ancillary maintenance matters. This aspect of the service will not include what has been termed financial mediation (i.e. the financial aspects of separating couples) and full separation agreements dealing with matters relating to property, maintenance, inheritance rights and pensions. As is evident from the audit of files from 2015, many of the ‘separating couples/parental cases’ relate only to the area of access and ancillary maintenance. These types of cases will continue to be handled by CLM’s Mediation Service. For parties seeking a comprehensive mediation service dealing with all aspect of their separation including financial matters such as division of assets, the new casework restrictions will be explained to the parties by CLM’s case administrator. Those parties will have the choice to have their entire matter dealt with by another service such as the Family Mediation Service or to avail of CLM’s Mediation Service to put in place an interim agreement in relation to access and ancillary maintenance matters while they are waiting to access other services in relation to putting in place a full separation agreement. This is to be reviewed after a period of 6 months.

2. Other Family disputes e.g. between siblings. 3. Workplace Mediation limited to disputes involving small community organisations

who do not have the means to pay for a private mediator. 4. Other Community disputes such as neighbour disputes.

Summary & Conclusion-Casework Catchment Area In the 2009-2011 Mediation Service Business Plan, the catchment area is described at North

East Dublin with particular focus on individuals experiencing disadvantage. In 2014 & 2015,

CLM’s Mediation Service had cases involving clients (Party 1) living in the following areas:

AREA 2014 REFERRALS 2014 CASES 2015 REFERRALS 2015 CASES

Fingal 51 37 35 22

Limerick 12 5 10 5

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Wicklow 33 17 63 39

Dublin Bay North 147 96 97 67

Outside Dublin 30 15 25 17

Other Dublin Areas 64 42 49 32

No Fixed Address 7 0 5 1

TOTAL 344 212 284 183

CLM’s legal casework is limited to the electoral constituency of Dublin Bay North and in

Limerick to the four areas identified for regeneration and other social disadvantaged areas

with discretion to take on cases outside of these areas.

In terms of other services, there is no Family Mediation Service (FMS) in Wicklow. In

Limerick, there is no other free mediation service apart from the FMS. There are two other

community services in Dublin; South Dublin Mediation Service and Ballymun Community

Law & Mediation Service as well as four FMS offices in Raheny, Tallaght, Blanchardstown

and Ormond Quay.

Recommendation 1. Given the reduction in staff resources, the CLM Mediation Service will limit its

mediation casework and conflict coaching service to the current catchment area of CLM Northside (Dublin Bay North) and CLM Limerick (the areas identified for regeneration and other socially disadvantaged areas), though exceptions can be made on a case by case basis. This is to be kept under review, particularly if funding streams become available to allow the service to expand. Please see below for the Bray & Co Wicklow Community Mediation Service.

Summary & Conclusions-Free Service Any core activities must align to CLM’s identified vision and objectives and the requirements

associated with being a registered charity. The Mediation Service does not impose any

charge for its mediation or conflict coaching services, though clients have, on occasion

provided a donation to the service. The provision of a service with no charge imposed is

provided for in CLM’s memorandum and articles of association.

It has been suggested by some of the volunteer mediators that some of the clients in the

area of separating couples have the means to pay for private services and therefore should

be charged a fee. Given that CLM, as a charity, cannot charge for its services and does not

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have the resources required to means test prospective clients, this is not possible to

implement. However, by focussing the casework away from the financial aspect of

separating couples disputes, there is a lower probability that those with means to access a

private service will access CLM’s service.

A problem which CLM shares with many free services is in relation to late cancellations or

‘no shows’. This is particularly problematic where the service is being provided by

volunteers, many of whom incur travel and other costs.

Recommendation 1. CLM, in line with its ethos, vision and status as a registered charity will continue to

provide it’s mediation and conflict services for free, though it will investigate amending its governing documents to allow the charge of a nominal fee per case in the form of a refundable deposit to prevent late cancellations and ‘no shows’.

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4. Future Development

Summary & Conclusions The Mediation Service currently has a number of collaborations and projects including:

1. The Bray & Co. Wicklow Community Mediation Service. This is a joint collaboration

initiative between the Mediation Service and Co Wicklow Citizen’s Information

Centre. The Bray service has its own steering committee which is composed of key

local stakeholders as well as a number of volunteer mediators who promote the

service locally. The Bray service is currently exploring aligning to a Wicklow based

organisation. In light of this proposed transition and the fact there is no FMS office

in Wicklow, CLM has, over the past number of months, continued to support the

Bray service in relation to all cases.

2. NUIM. In 2013, the Mediation Service entered a partnership with NUI Maynooth to

deliver the module Mediation Theory into Practice on the Masters in Mediation &

Conflict Intervention programme. This module consists of intensively supervised

mediation practice during which time, the student and supervisor, a qualified

mediator; follow the process as set out in a learning and assessment journal. The

supervisor assesses the student’s application of theory to practice over thirty hours

of face to face mediation in live cases. There have been three intakes in total with

an average of 5-6 students per year. This has been a very valuable collaboration as

many of the students have remained as volunteers in the Mediation Service and it

has provided a source of income for the Mediation Service.

3. The Courts Service. In 2011, a pilot mediation initiative was launched in the Dublin

Circuit and District Civil Court Office with Ballymun Community Law Centre and

South Dublin Mediation Service. The purpose of this scheme is to encourage lay

litigants to engage in mediation in relation to disputes before the Courts.

4. Family Carers Ireland. CLM provide free family Mediation Services to families

making use of Family Carers Ireland Resource centres. CLM also provide Conflict

Coaching for frontline staff within Family Carer’s Ireland.

5. Child Inclusive Mediation (CIM). CIM was introduced in 2013 following the

specialised training of 12 volunteer mediators. The aim was to enable the service to

focus on the interests of children affected by parental disputes. There have been a

low level of referrals to date (6 cases for the three year period 2012-2015). While

this is a very innovative and important project, given that it involves working with

children, it requires a level of resourcing to ensure that it is implemented in a

manner which complies with best practice and relevant statutory obligations so that

clients, volunteers and the organisation are protected. Further, there may be

difficulties developing this project if section 18 of the Mediation Bill is enacted as

CLM is not a nominated body.

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As part of the review, meetings took place with various stakeholders and the following

suggestions were made in relation to potential growth areas:

Disputes within the community involving new communities and members of the

Travelling Community;

Disputes between Local Authority tenants and other types of residents around issues

of anti-social behavior;

Disputes between the Local Authority and the Community;

Disputes between the HSE and families;

Restorative Practice;

Bullying in Schools;

Information sessions if the Mediation Bill is enacted. The Bill, in its current form,

imposes a duty on solicitors and barristers (except for employment cases referred to

statutory dispute resolution processes) to inform their clients, prior to the instigation

of court proceedings, of the possibility of using mediation as an alternative method

of dispute resolution. Where court proceedings are commenced, the parties shall

be asked to confirm that they have been made aware of, and have considered the

use of mediation. Where proceedings are in being, the Court may invite the parties

to the dispute to consider the use of mediation and may direct the parties to attend

a mediation information session. If enacted, the Bill may lead to a higher number of

people requiring: mediation information sessions; mediator training and mediation.

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Recommendations 1. CLM will continue to support the Bray & Co. Wicklow Community Service in its

current form while it investigates aligning to a Wicklow based organisation. This will be reviewed in six months.

2. The Mediation Service will continue to collaborate with NUIM as part of its Masters programme subject to capacity and subject to CLM’s volunteer recruitment and case allocation policies.

3. CLM will continue to engage with the Courts Service as part of the joint initiative with Ballymun Community Law Centre and South Dublin Mediation Service.

4. CLM will continue to collaborate with Family Carer’s Ireland subject to the restrictions regarding catchment area.

5. CLM will explore funding for the development of projects such as Child Inclusive Mediation. This could be facilitated through the Advisory Committee or by setting up specific subcommittees to work on specific projects. Until such funding is awarded, CLM does not have the current resources to ensure that any such projects are developed and run in a manner that complies with best practice and statutory obligations.

6. Allocate resources to facilitate the development of new projects as opportunity and/or need arise. This could be facilitated through the Advisory Committee or by setting up specific subcommittees to work on specific projects. Until such funding is awarded, CLM does not have the current resources to ensure that any such projects are developed and run in a manner that complies with best practice and statutory obligations.

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Volunteers & Staff

1. Volunteer Recruitment, Support, Development &

Communication

Summary and Conclusions The Mediation Service could not function without its large panel of volunteer mediators,

who, since the service was initiated, have dedicated considerable time and expertise to the

delivery of mediation and conflict coaching services of behalf of CLM. A number of our

volunteers also assist with the delivery of CPD and Learning and Sharing to other volunteers

and the Service greatly values their contribution.

CLM have had 232 mediation volunteers since the Mediation Service was established. There

are currently 147 names on our active list of which 118 volunteered hours in 2015. 86 of

these volunteers provided more than 10 hours volunteering and 51 provided more than 20

hours volunteering.

Volunteers are usually recruited from CLM’s training courses or through the NUIM

programme. CLM operate a co-mediation model whereby a team of 3, an Observer (not

always present), Mediator 2 and Mediator 1 handle cases together. Observers observe ten

hours of cases before becoming a Mediator 2 and they then co-mediate for a further 40

hours (sometimes up to 60) under the supervision of an experienced mediator (Mediator 1).

Those volunteering as Mediator 1 then commit to a further 50 hours of service to co-

mediate disputes with Observers and Mediator 2s. Through this volunteering model

mediators build up the required number of hours (100) to attain Mediation Practitioner

Status which is accredited by the Mediators’ Institute of Ireland (MII).

In terms of training, all volunteers complete the ‘Conflict Resolution and Basic Mediation

Skills’ course. Any mediator working in the area of separating couples/parental mediation

must also have completed the ’32-hour separating couples training’. While all are required

to hold a practicing certificate with the MII, this is not always the case with the more junior

mediators/observers as a certain number of CPD/Learning & Sharing/Practice hours are

required before a MII Practicing Certificate can be applied for.

Currently the mediation profession is unregulated and the Mediators Institute of Ireland is a

training accreditation body only. The Mediation Bill seeks to regulate mediation and

provides for, inter alia, the drawing up of a code of practice to include provisions relating to

confidentiality, ethical standards, mediator qualification, fees and redress.

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CLM mediation volunteers pay a fee of €100 per annum and for this they receive certain

supports:

1. CPD hours: these are delivered in Dublin and Limerick by CLM solicitors and other

volunteers on topics such as tenant’s rights, family law, budgeting etc.

2. Learning and Sharing hours: these are delivered on CLM’s behalf, in Dublin, Bray and

Limerick at no charge in the different practice areas (family, community, conflict

coaching)

3. Reflective practice: whereby an experienced practitioner takes responsibility to

work with another practitioner in order to ensure competent, accountable

performance, continuing professional development and personal support.

CLM’s Mediation Service will continue to be delivered by a panel of qualified volunteer

mediators and we hope to retain and/or continue to attract a dedicated cohort of

volunteers who will volunteer their time to deliver our range of mediation services to our

clients. In order to ensure a consistently high standard of service to our clients and as

pointed out in the volunteer focus groups and surveys, it is important that we ensure that all

of our volunteers are adequately trained, have appropriate experience and are fully

committed to the ethos and policies of the organisation. As discussed in the volunteer focus

groups and surveys, it is also essential to ensure that CLM supports our volunteer

mediators by providing them with appropriate induction, administrative support,

supervision, feedback and continuous professional development opportunities.

As a matter of priority, CLM should carry out as assessment of its volunteer resources given

that many volunteers on the active volunteer list were not active in 2015 and given the

proposed casework restrictions as many volunteer mediators have stated that their primary

area of interest is separating couples mediation.

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Recommendations

1. In light of increased scrutiny and regulatory obligations such as the National Vetting Bureau (Children & Vulnerable Persons) Acts 2012 & 2016, CLM will put in place rigorous recruitment and vetting policies (aligned to those already in place for CLM staff) for all volunteers who deliver services on its behalf. This will assist CLM to work towards achieving the ‘Investing in Volunteers Quality Standard’.

2. CLM will review the requirement for volunteers to pay the €100 annual fee. As volunteers generously provide their time to the Service, it is recommended that in return, CLM should provide the CPD and Learning and Sharing supports free of charge and that the €100 volunteer fee be discontinued.

3. As a matter of priority, CLM will provide every person on the active volunteer list with a Volunteer Role Description and will invite all volunteers to indicate if they wish to apply to remain as volunteers with the service. In following best practice volunteer management principles, all applicants will be requested to complete a recruitment and selection process which will include completion of an application form, participation in a short interview, reference checks and Garda vetting.

4. It is proposed that members of the panel of volunteer mediators can opt to volunteer in Dublin Bay North, Bray and/or Limerick. The co-mediation model should be maintained and mediators should be requested to commit to 4/5 mediation or conflict coaching cases per annum. It is important to ensure that there is an appropriate mix of mediator 1 and mediator 2 on the panel of volunteers.

5. Once the panel of volunteer mediators is finalised, a sub-committee comprising volunteer mediators and CLM staff should be formed to:

Update volunteer induction policies.

Update supervision, feedback and support policies.

Investigate the possibility of developing teams of mediators with a supervision structure which enables more experienced mediators to act as supervisors/mentors for the mediators in their teams. CLM would also ensure that such supervisors will receive appropriate training in relation to supervision and feedback techniques.

Update the volunteer communications policy to ensure that volunteers are fully familiar with the staff supports that are available to them and are kept up-to-date on any changes or developments in the organisation related to their role as volunteers.

Develop a case allocation policy.

Update the client charter, complaints and feedback policy.

Examine current methods of service delivery to ensure they are appropriate and suitable for volunteers, clients and the organisation.

6. Ensure that there are appropriate staff resources to support volunteers in relation to case administration, general volunteer support and for serious issues such as health and safety and child protection.

7. As a matter of priority, put in place the CPD and Learning and Sharing calendar for 2016.

Strategic Review

21

Staff & Office Resources

Summary & Conclusions-Staff Resources The requirement for administration increases in line with the caseload of the Service. The

past staffing model of having a full-time Manager and part-time Co-ordinator was deemed

to be financially unsustainable. The Service is currently administered by three committed CE

staff members. Each of those are due to complete their CE programs in November 2016,

February 2017 and February 2018 respectively. Further support is provided by CLM’s

administration staff including in relation to accounts, IT support and governance.

The following areas of work require to be assigned:

1. Mediation Case Administration

2. Mediation Awareness Promotion

3. Community Skills Development

4. Volunteer Coordination including organising CPD and Learning & Sharing.

5. Volunteer Support.

6. Future Development & Funding.

Recommendations 1. Ensure that there is a continuous intake of suitable and appropriately trained CE

scheme staff members; 2. Assign two CE Scheme employees, Lisa Turnbull and Dally, to the area of Case

Administration. Arrange for a CLM employee to be trained in this area, in the case of CE staff resource issues;

3. Mediation Awareness Promotion and Community Skills Development to be coordinated by CLM’s Education & Volunteer Coordinator, Ros Palmer with administrative support from one of our CE employees, Aishling Hickey. These core activities will be delivered by mediation trainers and volunteers.

4. Volunteer Coordination, including coordination of CPD and Learning & Sharing, to be assigned to CLM’s Education & Volunteer Coordinator, Ros Palmer with administrative support from one of our CE employees Aishling Hickey.

5. Volunteer Support. New supervision structures are to be put in place with senior mediators providing reflective practice and a point of contact on case issues for less experienced mediators.

6. Future Development & Funding. This is the responsibility of the CEO who will be assisted and guided by the new Advisory Committee.

Strategic Review

22

Summary & Conclusions-Office Administration Due to financial deficits, the Mediation Service has relocated to the CLM head office from

the second to the first floor in the Northside Civic Centre. This has resulted in all staff, some

of whom previously had their own offices, sharing offices in an open plan format. While this

is working very well in some respects, issues have been raised during the focus groups and

surveys regarding the lack of privacy for both mediators who wish to discuss cases and new

clients coming into the service

Further, an audit of a random selection of files from 2015 was carried out which highlighted

improvements which could be made to administrative practices.

Recommendations 1. The mediation case administrators are to be moved into a separate room within

the CLM head office to facilitate private discussions with volunteers and clients, to facilitate reflective practice and to be used for conflict coaching and mediation as the need arises.

2. All workflows and template letters are to be reviewed and a case management system separate from the Law Centre is to be introduced to facilitate the case administration and improve our recording and filing systems.

Summary & Conclusion-Location & Time of Services Mediation and conflict coaching take place in a number of designated locations in Dublin,

Limerick, Bray and in other locations as the need arises. With the exception of the

Northside Civic Centre and Limerick Social Service Centre, the cases take place in locations

that are not CLM offices. Further, with the exception of Limerick, many cases take place in

the evening, outside of normal work hours to facilitate working clients, when there is no

CLM staff member on duty. This raises a greater potential for health and safety issues and

results in less administrative support for the volunteer mediators.

Strategic Review

23

Recommendations 1. Given the more restricted catchment areas, mediation sessions will take place in

either CLM’s head office or the Limerick Social Services Centre. The Bray & Co Wicklow Community Mediation Service will continue its casework in the usual locations.

2. The numbers show there is a demand for evening mediation. This will take place in the Northside Civic Centre twice a week. During these evenings, there will be a CLM staff member working from 5-8/9pm as a support to the mediators and clients should they need any assistance or should any issue arise. There is currently no evening mediation facilitated in Limerick as there is currently no need. This can be reviewed should the need arise.

Strategic Review

24

Governance

Summary & Conclusions We have a number of policies and procedures in place in relation to e.g. Child Protection,

Client Confidentiality, Data Protection, Garda Vetting, Conflict between Mediation & Legal

Services etc.

Recommendations 1. All policies and procedures are to be updated by relevant CLM staff to ensure that

they meet our statutory obligations and are in line with best practice. Volunteers and staff are to receive appropriate training once this is done.

2. The current rule regarding CLM not offering both legal representation and Mediation Services to the same client on the same issue is to be observed to guard against perceptions of bias and breach of confidentiality particularly in light of the new office arrangements.

Strategic Review

25

Funding

Summary & Conclusions The service is currently funded through a grant received from Dublin City Council and a

small retainer received from Family Carers Ireland. Additional income was previously

derived from mediation training fees, volunteer membership fees, NUIM placement fees,

client donations, fundraising events and sporadic grants.

As a result of the aforementioned staff redundancies and the office move, the current cost

of running the Mediation Service has been considerably reduced. However, the capacity to

maintain the same level of service as before, in the absence of additional funding has also

been reduced.

Recommendations 1. Continue to monitor volunteer hour levels to assist with costing the

service. 2. Develop a funding plan for the Mediation Service which will include:

Applications for State funding for new projects and extension of services.

Applications for philanthropic grants.

Applications for European funding.