Consultation Paper on Alternative Dispute Resolution - Law Reform ...

or to make any necessary orders. 184 After each case conference, an order is
prepared and put on the file with a copy sent to each party. This is very
important for the parties, both to confirm what was agreed and to indicate what
action is to be taken with regard to any orders made, and also to ensure the
confidentiality of the whole hearing. 185
5.160 An example of a case conference which was resolved at Limerick
Circuit Court involved a case where there were two sets of proceedings
involving a husband and his former and current wife. The former wife had
reared a family and the parties had been divorced in England. The current wife
sought permanent barring orders and financial reliefs. At the case conference, it
transpired that the former wife was seeking the transfer from the husband into
her own name of the family home and the site adjoining it. The current wife had
no dispute with the former wife and relinquished any claim over these assets.
By consent, property adjustment orders were made to that effect. 186
5.161 The Commission understands that the Circuit Court Rules Committee
has agreed a draft set of Family Law Case Progression Rules with the aim of
ensuring that proceedings are prepared for trial in a manner which is just,
expeditious and likely to minimise costs. The new rules will assign functions to
the County Registrar currently dealt with by the Court in order to relieve Circuit
Court judges of a large pre-trial applications caseload. It is also anticipated that
the case progression hearing would facilitate parties in reaching agreement on
issues in dispute. 187
5.162 The Commission provisionally recommends the extension to all
Circuit Courts of case conferencing in family disputes by County Registrars.
H Government Initiatives in England and Wales
5.163 In a 2004 Green paper entitled Parental Separation: Children‘s
Needs and Parents‘ Responsibilities 188 the UK Government, in conjunction with
184 Courts Service Annual Report 2006 at 51.
185 Information on the case conferencing procedure was provided to the Commission
by Patrick Meghen, Limerick County Registrar.
186 Case study provided to the Commission by Patrick Meghen, Limerick County
Registrar.
187 Information on the case conferencing procedure was provided to the Commission
by Patrick Meghen, Limerick County Registrar.
188
Parental Separation: Children‘s Needs and Parents‘ Responsibilities: Report of
the Responses to <strong>Consultation</strong> and Agenda for Action (<strong>Consultation</strong> <strong>Paper</strong>, CM
6273, 2004). Presented to the Parliament by: the Secretary of State for
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