The truth about out-of-court settlements

AN article based on the report by Dr Carol Coulter on behalf of the Court Service paints a benign but misleading picture of the family law system (Irish Examiner, February 20).

Because Dr Coulter’s research found that 90% of cases were settled outside court, the article gives the impression these cases are settled amicably and fairly and that both parties can then get on with their lives in relative comfort.

The truth behind the statistics is different. We, in Amen, come across many men who settle such cases but they do not do so because the settlement terms are fair or just. They agree to settle because they know, or are left in no doubt by their legal teams, they will suffer even greater injustices in court.

Whether negotiations on divorce or separation are conducted directly or through the mediation service, they are overshadowed by the standards and practices of the courts. Men do not participate in such negotiations on an equal basis. They know that if the case goes to court, they will lose their homes, most of their money and have their fatherhood severely diminished.

Metaphorically speaking, they are negotiating with a gun to their heads. It is fear of the anti-man practices of the courts rather than any inherent fairness that is the basis for the high settlement rate. As long as women have the power to apply to the courts to have men evicted from their homes for no justifiable reason and the court is legally obliged to accede to that request, men will never be in a position to enter into such negotiations on an equal basis.

Frank McGlynn

Amen

Railway St

Navan

Co Meath.