Do I Need a Solicitor or Family Mediator?

Matt Clemence explains the difference between a Family Mediator and a Solicitor.

Solicitor or Family Mediator?

Mediators are neutral and impartial, meaning they do not take sides and nor can they give specific legal advice, though they can explain generic legal terms such as the divorce or children court process. Whilst it is a matter for the individual, people often instruct a family lawyer first for tailored advice and to understand their rights and obligations before referral is made to a mediator.

When considering a lawyer to instruct, reference should be made as to whether they themselves are mediators and a member of Resolution – these are good indicators to how the lawyer will approach a case.

Having a pragmatic, balanced solicitor who sees the advantage of taking a non-adversarial approach can greatly increase the chances of obtaining a resolution without the need to revert the matter to court and will also ensure any referral to mediation to assist in the process is seen by the client as a natural progression of the case.

It is necessary to keep in mind that an agreement made in mediation is not legally binding so if you want to make it legally binding in law, you will need to assistance of a solicitor.

How do you organise the discussion in family mediation?

Remember, mediation is all about working with your former partner and the mediator to try to explore ways of finding an agreement that both you and your former partner can accept.

In children cases, for example, your child or children’s needs will be at the centre of all discussions and their welfare put at the heart of any agreement reached.

To benefit fully from each session, you should put together an agreed agenda which lists the topics you want to cover. Ideally the agenda should be agreed beforehand. Having this structure greatly assists the process and keeps discussions focused and very importantly, parties can see progression is being made as each topic area is worked through and agreement reached.

If you require any advice related to family matters, Matt will be happy to discuss your options with you, please do not hesitate to contact Matt Clemence at [email protected] or telephone Colchester 01206 584584 where Matt will be happy to speak with you.

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