Murphy, Rebecca (2021) Beyond the Courtroom Door: Exploring the Feasibility of Child Protection Mediation in Ireland. PhD thesis, National University of Ireland Maynooth.
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Abstract
In recent years, the Irish child protection and welfare system has witnessed an unprecedented
level of increase in legislative and policy development. However, one area that remains
relatively unexplored in Ireland is the use of alternative dispute resolution mechanisms, such
as mediation, in child protection proceedings. By contrast, in other jurisdictions, such as in
the United States of America and Canada, the incorporation of mediation within the child
protection system has increasingly been advocated as a genuine alternative to wholly
adversarial proceedings. Child protection mediation can provide parties with the opportunity
to improve family communication, reduce high levels of conflict, avoid excessive litigation
and reach a personalised agreement in the best interests of the child. Unfortunately, in
Ireland, child protection mediation has not heretofore been fully explored or researched and
a determination of its value in the protection of child safety and welfare has not been reached.
Therefore, building on existing research regarding alternative dispute resolution processes,
this thesis set out to explore the feasibility of child protection mediation in Ireland and the
extent to which is could aid child safety and welfare.
The research adopted a triangulated research methodology approach through the use of
surveys, semi-structured interviews and structured observations. The thesis analysed data
from three research phases: Phase 1 examined child protection mediation with national
stakeholders and the Irish judiciary; Phase 2 examined systems operating in certain
jurisdictions of the United States of America and Canada, in which child protection mediation
is increasingly recognised as an invaluable mechanism; and Phase 3 determined the extent to
which alternative dispute resolution mechanisms are currently being used in child welfare
and protection disputes in Ireland. The key finding from the study was that the
implementation of child protection mediation in Ireland could aid child welfare and improve
the quality of decision-making in child protection cases. However, this thesis is not advocating
that child protection mediation should be used in all child protection cases and, therefore, it
should not be seen as a panacea. Rather, this thesis presents the reasoned, evidence-based
argument for considering the use of mediation, in certain aspects of child protection
proceedings.
Item Type: | Thesis (PhD) |
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Keywords: | Courtroom Door; Feasibility; Child Protection Mediation; Ireland; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 14911 |
Depositing User: | IR eTheses |
Date Deposited: | 11 Oct 2021 11:14 |
URI: | https://mural.maynoothuniversity.ie/id/eprint/14911 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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