Limerick Free Legal Advice Clinics: May

Community Law and Mediation Limerick is an independent law and mediation centre which provides free legal information, advice, advocacy and representation in the following areas of law:

  • Housing Issues
  • Social Welfare
  • Debt
  • Consumer Issues
  • Employment
  • Family Law (advice only)  
  • Access to Education
  • Equality
  • Homelessness
  • Environmental Justice
Place (Limerick Locations)DateTime
Our Lady of Lourdes Community Centre Ballinacurra WestonWednesday 10th May  10.00am – 12.30pm  
Southill HUB Community CentreWednesday 17th May10.00am – 12.30pm  
Moyross Community CentreMonday 24th May10.00am – 12.30pm
St Mary’s Alms House Nicholas St LimerickWednesday 31st May10.00am – 12.30pm

The service is free and available to people living in the regeneration areas & to residents of other disadvantaged areas within Limerick City. To book in for free legal advice, please use our booking form by clicking here. You can make a booking for any time during the month of May.

Phone clinics are also available.

Ph: 061 536 100

E: limerick@communitylawandmediation.ie

Mediation FAQ: How to solve a dispute

What is mediation?

Mediation is a voluntary process where parties in a dispute mutually agree to meet with a professional, impartial mediator. The mediator assists parties in finding ways to resolve a dispute. This helps them to work together towards an agreed solution.

What is the role of the mediator?

The main role of a mediator is to be impartial, treat all parties fairly and manage the mediation process. They facilitate parties to communicate effectively and consider the issues with a view of parties mutually agreeing an outcome. The Mediation Act 2017 governs all of our mediators. Additionally, the Mediators Institute of Irelands (MII) Code of Ethics and Practice binds our mediators.

Why choose mediation?

There is growth in the use of mediation services to resolve disputes, rather than going to court or arbitration. In court or arbitration, a third party decides the outcome based upon a presentation of the facts and law.

Benefits include:

  • Control: You have control over how you wish to resolve your dispute. A third party does not make any decisions.
  • Flexibility: You have more flexibility compared to court, which operates under strict rules.
  • Voluntary Process: It is a voluntary process. At any stage you, or indeed the mediator, can decide the session(s) are not productive and stop the process.
  • Confidential: Parties, including the mediator, agree not to disclose information arising in the session(s). Limits to confidentiality arise when required by law under section 10(2) of the Mediation Act 2017.
  • Speed: It can take a matter of hours or days to resolve a dispute, as opposed to months or even years.
  • Relationship Building: It helps parties to better understand each other. You can find avenues for resolution that you are both happy with.
  • Options:  If it fails, you can still explore other avenues to resolve your dispute such as the court process.
  • Cost: It is free.

What should I expect from a session?

You will need to be willing to work to resolve issues and to work through your difficulties. This means you should expect to discuss your position and try to listen to the other party too. Each party has an opportunity to voice concerns and to speak without interruption.

CLM uses a model of co-mediation. This involved two mediators in the mediation process. Mediation begins with the mediators meeting both parties separately. The mediators explain what mediation is, allowing each party time to talk about their issue(s) that need to be addressed. They also discuss what they would like to achieve through mediation. Once both parties agree to proceed, a further meeting is arranged and the process begins. At this point, parties will sign an agreement to mediate, which explains the ground rules for parties involved. Additionally, it outlines how and when the mediation process will be conducted.

Does the mediator decide for us?

The mediator does not decide for you. Mediation is a voluntary and confidential process where the mediator acts impartially to help the parties come to a resolution.  The mediator’s role is not to determine facts, make a judgement of law or otherwise impose their solution. Mediators work in a “non-directive” manner, facilitating better communication and understanding between the parties. They also help them explore possible solutions to their dispute. Additionally, they assist the parties in drawing-up a written agreement that states the terms and conditions upon which they have decided to resolve their dispute.

How long will the process take?

Often, mediation can be completed in a single or even two sessions. However, it all depends on the type of dispute, its complexity and the preparedness of the parties to seek to resolve their differences in a non-adversarial setting. Some disputes are mediated in a few hours, while others, like family disputes, often require several, sometimes shorter sessions spread out over a number of weeks. The most one can expect would be six sessions with the mediator to thoroughly resolve all issues.

What if we can’t agree?

Generally speaking, up to 80% of all cases submitted to mediation do settle. However, there are some that do not. If you fail to reach a conclusion, you still have the right to resort to court or arbitration if those avenues are available to you.

What is an interim mediation settlement?

Both parties prepare and agree to an interim mediation settlement when going through the mediation process. This interim mediation settlement is subject to change, and therefore, is not enforceable at this point.  Near the end of the mediation process, a final mediation settlement is drawn up.

What is a mediation settlement?

During the mediation process, the mediator works with the parties to help them develop a mediation settlement agreeable to them. There is significant emphasis on how parties will interact in the future if they have an ongoing relationship.

What happens after the settlement is drawn up?

After the settlement process, there are further steps in the mediation process. The mediator will ensure that the parties are aware of their rights to each obtain independent advice (including legal advice) prior to signing any mediation settlement.

What is the status of the settlement in law?

Only the parties to the mediation can decide if a mediation settlement has been reached between them and whether this is to be enforceable. Unless the parties agree that the mediation settlement has no legal force until it is included into a formal legal agreement or contract to be signed by the parties, it will act as a contract between parties, pursuant to Section 11 (2) of the 2017 Mediation Act 2017.

Once a mediation settlement is agreed either party can apply to the court to have the mediation settlement enforced. The court will do so unless there are any concerns that the mediation settlement does not comply with section 11(a)(b) of the Mediation Act 2017.

Is there any charge or cost?

CLM provides a free mediation service to the community. We offer all clients an opportunity to make a voluntary donation to the service when their mediation sessions. Each party in a mediation case is required to pay a ten euro refundable deposit unless there are exceptional circumstances for not doing so. This deposit is refunded to the party at the end of their case, unless they have cancelled their mediation session three times or has not given at least 24 hours’ notice to a single cancellation.

I am in a dispute with another party. How do I get in contact with your Mediation Service?

Contact our Mediation Service to find out further information. Our offices are in Northside Civic Centre, Bunratty Road, Coolock, Dublin 17. You can also call us on 01 8477804 or send an email to MediationAdmin@CommunityLawandMediation.ie

mediation inforgraphic

Eviction Ban: Are you affected?

The Eviction Ban for Winter 2022/2023, which protected private renters from being evicted during the current cost-of-living and housing crises, has been lifted.

The effect of the Eviction Ban was to postpone the date upon which a tenant who had received a valid Notice of Termination had to leave their home. This meant that you didn’t have to leave your home for the duration of the Eviction Ban, even if you had received a valid Notice of Termination.

As the Eviction Ban has been lifted, the postponed termination dates are starting to take effect on a phased basis.

We set out below some information on your legal position if you have received a Notice of Termination.

When do I have to leave my home?

If you have been served with a valid Notice of Termination, you do not have to leave your home immediately.

The date upon which you have to leave your home (i.e. the termination date) depends on when you received the Notice of Termination and how long you have been in your home.

If your original termination date was between 30th October 2022 and 31st January 2023, your new termination date is as follows:

Duration of TenancyNew Termination Date
Less than 6 months1st May 2023
More than 6 months,
less than 1 year
1st May 2023
More than 1 year,
less than 7 years
15th April 2023
More than 7 years1st April 2023

If your original termination date was between 1st February 2023 and 31st March 2023, your new termination date is as follows:

Duration of TenancyNew Termination Date
Less than 6 months18th June 2023
More than 6 months,
less than 1 year
1st June 2023
More than 1 year,
less than 7 years
1st May 2023
More than 7 years1st April 2023

Is my Notice of Termination valid?

In order for a Notice of Termination to be valid, it must comply with the legal requirements as set out in the Residential Tenancies Act 2004.

A valid Notice of Termination must:

  1. Be copied to the RTB at the same time as it is served on the tenant. (From 6 July 2022, a Notice of Termination will be deemed invalid if the landlord does not send a copy to the RTB on the same day the notice is served to the tenant)   
  2. Be in writing (an email will not suffice).
  3. Be signed by the landlord or their authorised agent, as appropriate.
  4. Specify the date of service. This is the date the notice is posted, or hand delivered.
  5. State the grounds for termination (where the tenancy has lasted for more than 6 months or is a fixed term tenancy).
  6. Specify the termination date and also that the tenant has the whole of the 24 hours of this date to vacate possession.
  7. State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within the time period permitted.  

Further information in relation to what a valid Notice of Termination looks like can be found here: Notices of Termination | Residential Tenancies Board (rtb.ie).

Can my landlord require me to leave my home immediately?

A landlord cannot require you to leave your home immediately. Furthermore, a landlord cannot physically remove you from your home, change the locks or cut off your electricity supply.

These are examples of illegal evictions. Further information in relation to illegal evictions can be found here: What is an illegal eviction? | Residential Tenancies Board (rtb.ie)

What should I do if I have received a Notice of Termination?

If you have received a Notice of Termination, you should check if the Notice of Termination is valid. If it is not valid, you may be able to challenge it in the RTB.

Since 6 July 2022, if a tenant has an issue with the validity of the Notice of Termination they have received, a tenant now has 90-days (from the receipt of the notice) to apply for Dispute Resolution with the RTB. This was increased from 28-days. 

If you are at risk of homelessness after receiving a Notice of Termination, you should contact your Local Authority.

Further help

  • FLAC
  • Mercy Community Law Centre
  • Ballymun Community Law Centre
  • Focus Ireland
  • Simon Community
  • Peter McVerry Trust

Limerick Free Legal Advice Clinics: April

Community Law and Mediation Limerick is an independent law and mediation centre which provides free legal information, advice, advocacy and representation in the following areas of law:

  • Housing Issues
  • Social Welfare
  • Debt
  • Consumer Issues
  • Employment
  • Family Law (advice only)  
  • Access to Education
  • Equality
  • Homelessness
  • Environmental Justice
Place (Limerick Locations)DateTime
Our Lady of Lourdes Community Centre Ballinacurra WestonWednesday 5th April  9.45am – 12.45pm  
Southill HUB Community CentreWednesday 12th April9.45am – 12.45pm  
Novas Homeless Clinic (1 Mungret Street)Monday 17th April9.45am – 12.45pm  
Moyross Community CentreWednesday 19th April9.45am – 12.45pm  
St Mary’s Alms House Nicholas St LimerickWednesday 26th April 9.45am – 12.45pm    

The service is free and available to people living in the regeneration areas & to residents of other disadvantaged areas within Limerick City. To book in for free legal advice, please use our booking form by clicking here.

Phone clinics are also available.

Ph: 061 536 100

E: limerick@communitylawandmediation.ie

Latest IPCC report must be met with action, not words

Latest IPCC Report published today

Today the UN’s Intergovernmental Panel on Climate Change (IPCC) published its Synthesis Report. This report provides an up-to-date understanding of climate change, its impacts, future risks and options for addressing it.

The IPCC report distils more than 10,000 pages of climate science from work carried out between 2018 and 2022.

It reflects an undeniable scientific consensus about the urgency of the climate crisis, its primary causes, and the catastrophic and irreversible harm that will occur if warming surpasses 1.5°C.

This report must be met with action, not words.

The window to remain within 1.5C is rapidly narrowing

Two years into Ireland’s first legally-binding carbon budget (2021-2025), Ireland’s emissions remain among the highest in the EU. Worryingly, the Annex of Actions to Ireland’s 2023 Climate Action Plan fails to clarify what level of emissions reductions the Plan will achieve in 2023 and beyond.

Further delay on transformative climate action risks an abrupt, forceful, and disorderly transition.

So, we call on the Government to:

  • Clarify whether the Climate Action Plan 2023 and Annex of Actions comply with Ireland’s 2021-2025 legally-binding carbon budget.
  • Accelerate the full implementation of the Climate Action Plan 2023.
  • Incorporate Land Use Land Use Change and Forestry (LULUCF) and the “Unallocated Emissions Reductions” into Ireland’s carbon budget programme.
  • Publish the Long-Term Climate Action Strategy, which is now more than three years overdue to the European Commission.

“Rapid, far-reaching and unprecedented changes” must be socially just and protect and promote human rights

The IPCC report is clear: our house is on fire. There is no safe level of global warming. The impacts of the climate crisis at just over 1°C have already been devastating,  particularly within communities that have contributed least to the problem.[1]

In Ireland, responsibility for emissions is deeply uneven. The top 10% of the population contributed about a third of Ireland’s cumulative carbon emissions between 1990 and 2015. The cost of climate mitigation and adaptation measures must not fall on those who are least responsible.

It is essential that Ireland’s transition is underpinned by the principles of a Just Transition and the protection and promotion of human rights.

We call on the Government to:

  • Poverty-proof and equality-proof all climate policies to ensure that the cost of climate mitigation and adaptation measures do not fall on marginalised and vulnerable groups
  • Scale up the ambition of Ireland’s National Retrofit Plan to include all social housing and groups most at risk of energy poverty. Deliver free and reliable public transport across Ireland.
  • Halt new fossil fuel infrastructure, withdraw existing licenses from fossil fuel companies, and introduce a moratorium on new data centres.
  • Ensure a Just Transition by accelerating the establishment of a Just Transition Commission and embed the Just Transition guidelines across all government.

Above all, the IPCC report clearly demonstrates that solutions to the climate crisis are economically and technologically feasible. Amidst an abundance of alarming information and scientific warnings, what is needed is political will to mobilise Ireland’s just transition to a fossil-free future.

Find out more about CLM’s Centre for Environmental Justice and how we can help you here.

[1] Special Rapporteur on the promotion and protection of human rights in the context of climate change https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/438/51/PDF/N2243851.pdf?OpenElement

Book Free Legal Advice Clinic Online

Book a free legal advice clinic through our new, online form.

You can now book our free legal advice clinics through our website. Once you submit your form, we will be in touch within 48 hours to book you into the free legal advice clinic which applies to your query.

Please click whether you are in Limerick or Dublin (including areas outside of Dublin) to be directed to the booking form.

Dublin

Limerick

Our free legal advice consultation service is open to everyone. We provide free legal advice in Ireland in the areas of employment, social welfare, housing, family, child law and environmental justice. General queries are also welcome. So if you are having problems accessing your social welfare entitlements, if you are experiencing problems in the workplace, or if you are afraid of losing your home, we are here to help.

To find out more information, please click here.

Family Rights Advocacy Course- QQI Level 6

This course gives a basic understanding of the Irish legal system and family law in relation to advocacy in Ireland. Learners will develop an awareness of the main features of family law and understand how legislation impacts on relationship while becoming familiar with the legal language, procedures, and court documents relevant to the family law area. Learners will develop their advocacy skills and the ability to apply what they have learned to the workplace.  This course will cover any new legislation regarding family law in Ireland.


Participants who successfully complete this course will be able to:

  • Outline definitions of family to include those in Irish Legislation
  • Identify the functions of the Irish Courts in relation to families
  • Outline the rights, entitlements, services and supports available to families
  • Discuss current issues in relation to rights, entitlements, services and supports available to families.

Research information relevant to families to include rights entitlements and available supports.
 
Payment 
The cost of this course is €650.00 to be paid in full before the course commences (10% discount for CLM Members).
 
Trainers and Accreditation
This course is run by Community Law & Mediation & Ballymun Community Law Centre. This course is QQI accredited in conjunction with Irish National Organisation of the Unemployment (provider code 380460).
 
Location
This course will take place in in The Horizons Centre, Balcurris Road, Ballymun.


Date & Times
This course will run on a Monday for 12 weeks starting on Monday 6 March 2023 from 10am to 2pm each week.

This course gives a basic understanding of the Irish legal system and family law in relation to advocacy in Ireland. Learners will develop an awareness of the main features of family law and understand how legislation impacts on relationship while becoming familiar with the legal language, procedures, and court documents relevant to the family law area. Learners will develop their advocacy skills and the ability to apply what they have learned to the workplace.  This course will cover any new legislation regarding family law in Ireland.


Participants who successfully complete this course will be able to:

  • Outline definitions of family to include those in Irish Legislation
  • Identify the functions of the Irish Courts in relation to families
  • Outline the rights, entitlements, services and supports available to families
  • Discuss current issues in relation to rights, entitlements, services and supports available to families.

Research information relevant to families to include rights entitlements and available supports.
 
Payment 
The cost of this course is €650.00 to be paid in full before the course commences (10% discount for CLM Members).
 
Trainers and Accreditation
This course is run by Community Law & Mediation & Ballymun Community Law Centre. This course is QQI accredited in conjunction with Irish National Organisation of the Unemployment (provider code 380460).
 
Location
This course will take place in The Horizons Centre, Balcurris Road, Ballymun.


Date & Times
This course will run on a Monday for 12 weeks starting on Monday 6 March 2023 from 10am to 2pm each week.

Your Details

* Mandatory fields

Advocating for Change: CLM makes Review of Civil Legal Aid Scheme submission today

*Signatories of CLM’s review of the Civil Legal Aid Scheme submission

Today, Community Law & Mediation and 18 social justice and advocacy organisations submitted their recommendations for reform of the outdated Civil Legal Aid Scheme.  

We are calling for substantial reforms ensure the most vulnerable and marginalised in our society can vindicate their rights and challenge discrimination in areas that are critical to social inclusion but currently excluded from the Scheme, such as employment, equality, housing and social welfare. 

What is Civil Legal Aid? 

Civil legal aid means representation by a barrister or solicitor in civil proceedings in court or before the International Protection Appeals Tribunal, in addition to the preparatory work this entails. 

Why have we made a submission on the review of the civil legal aid scheme? 

CLM’s history is closely interlinked with the movement for civil legal aid in Ireland. Previously Coolock Community Law Centre, CLM was established in Coolock in 1975 as the first independent, community-based law centre in Ireland. It was modelled on the American neighbourhood law centre (now known in Ireland as the community law centre model) and its purpose initially was to serve as a prototype law centre and campaign tool in the movement for civil legal aid.  

This model has a number of important characteristics. Services are free of charge, making them as accessible as possible; community education – creating an awareness of rights and the law – is a critical part of the work; and a focus on law reform ensures that the issues being raised in our services inform and influence change in policy and legislation.  

The Pringle Report to Government in 1977 recommended a similarly expanded system of civil legal aid, including public information and education services on legal rights as well as representation for all types of civil proceedings.  

Despite the fact that the Civil Legal Aid Scheme (“the Scheme”), introduced in 1979, saw the establishment of a different and more limited model under the Legal Aid Board, CLM has continued to grow and expand its services, working to remove barriers to the law on the basis that all people should be able to access basic legal information and advice regardless of their income and background. It continues to work to identify and unlock the legalities, regulations, policies, and procedures that manifest as barriers and obstacles to a fair and better life for all individuals in the community. 

What are our key recommendations for the review of the Civil Legal Aid Scheme? 

CLM are calling for reforms to ensure the most vulnerable and marginalised in our society can vindicate their rights and challenge discrimination in areas that are critical to social inclusion but currently excluded from the Scheme, such as employment, equality, housing and social welfare. 

Our key recommendations include:  

  • Changes to the eligibility thresholds to qualify for legal aid and advice, and changes to the allowances against income to reflect the reality of the cost of living. 
  • Expansion of the Civil Legal Aid Scheme to areas of law which are currently excluded such as: employment and equality matters, housing-related matters, environmental matters, social welfare appeals and children’s rights. 
  • Restructuring of the Scheme in line with the community law centre model to include public information and education services – creating an awareness of rights and the law – and a policy and law reform function. 

Read our review of the Civil Legal Aid Scheme submission: 

February Free Legal Advice Clinics: Limerick

Community Law and Mediation Limerick is an independent law and mediation centre which provides free legal information, advice, advocacy and representation in the following areas of law:

  • Housing Issues
  • Social Welfare
  • Debt
  • Consumer Issues
  • Employment
  • Family Law (advice only)  
  • Access to Education
  • Equality
  • Homelessness
  • Environmental Justice
PlaceDateTime
Our Lady of Lourdes Community Centre Ballinacurra WestonWeds 8th February (Please note change of day)10.30am – 12.30pm
Southill HUB Community CentreWeds 15th February10.30am – 12.30pm
Moyross Community CentreTues 21st February10.30am – 12.30pm
St Mary’s Alms House Nicholas St LimerickTues 28th  February10.30am – 12.30pm

The service is free and available to people living in the regeneration areas & to residents of other disadvantaged areas within Limerick City. To book, you can contact us on the information below.

Phone clinics are also available.

Ph: 061 536 100

E: limerick@communitylawandmediation.ie

Community Law & Mediation work with Environmental Justice Network Ireland to launch a new Manual of Environmental Justice

Community Law & Mediation has partnered with the Environmental Justice Network Ireland to establish the Manual of Environmental Justice, as research shows that 78% of academics, activists, NGOs and broader civil society groups cite ‘lack of accessibility to expertise and/or information’ as a main obstacle to carrying out their work.

The Manual of Environmental Justice is a digital toolkit which aims to resource and connect organisations and communities across the island of Ireland on intersectional environmental issues. It is free to use and provides an expert directory for people working in environmental and social justice, an advocacy map which shows locations of environmental and social groups across Ireland and a resources hub which contains a range of expert and journalistic articles, blogs, podcasts and videos.

Clodagh Daly, CLM’s Centre of Environmental Justice Manager, said: “Community Law & Mediation is delighted to be launching the Manual of Environmental Justice with Environmental Justice Network Ireland. The Manual is a one-stop informational toolkit which allows anyone to easily access environmental justice resources, connect with environmental organisations and grassroots groups, and contact environmental experts. We hope this toolkit will enable more people, communities, and organisations to become engaged and empowered on environmental justice matters. We have worked for the past year on developing the Manual of Environmental Justice and want to give Community Foundation Ireland special recognition for funding this project.”

Ciara Brennan, Director and Academic Lead at the EJNI, said: ““Environmental Justice Network Ireland are delighted to be collaborating with Community Law & Mediation on the new Manual of Environmental Justice digital toolkit. Our needs assessment consultation identified a clear requirement for a hub of information on environmental justice to benefit people living across the island of Ireland. The Manual of Environmental Justice has the potential to play a pivotal role in providing essential information to citizens and community organisations engaged in environmental and social justice campaigning, research and advocacy to help confront and overcome shared environmental challenges.”

The Manual of Environmental Justice was launched last week by a joint event with Community Law & Mediation and Environmental Justice Network Ireland. Guest speakers included Niamh Guiry, climate activist and member of Not Here Not Anywhere; and Cormac McAleer, member of Save our Sperrins. Watch the launch event below.

Click here to use the Manual of Environmental Justice: https://envjusticemanual.com/

Watch our launch event: Environmental Justice Campaigning Across the Island of Ireland