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What to consider when using a Solicitor Family Mediator

7 Jun 2018

Author: Drenne Dunphy

SPEAK WITH ONE OF OUR SPECIALIST FAMILY LAW SOLICITORS

Why should we mediate?

Family mediation is a very effective way for couples to resolve several issues including divorce, financial issues, and arrangements for children. It allows matters to be resolved amicably and you will both be partners in the decision making. You control the issues to be addressed. You will make the decisions about your own lives. You do not have decisions made for you.

Will you be “on my side”?

Mediators are neutral and will not be on either ‘side’. They will not be able to give either party legal advice. However, as our mediators are all also experienced family solicitors they will give general legal information to you both if and when this is required.

Will you decide what should happen?

A Mediator will not decide what should happen. Mediation is for the couple to decide what will happen. A mediator cannot force an agreement, and an agreement cannot be made unless you both consent to the making of it.  During the mediation process you and your ex will work together to find a solution to your issues that will work for both of you. In that way you will keep control of important decisions without handing over control to a third party. The mediator will help you by assisting with communication, the obtaining of any relevant information and reality checking possible solutions.

Will we disagree?

Most couples have some conflict when their relationship breaks down. The mediator helps you limit the conflict in order to discuss things productively. You may disagree on some points, but nothing will be finalised unless you both agree on it.

Will the mediator help me with the legal process?

The mediator can provide you with general information about the legal framework and can also discuss the best timing for seeking any specific legal advice that may be appropriate.

Will the mediator tell me what seems fair?

No. The mediator does not give legal advice although he or she will be able to suggest possible options and will provide legal information. The mediator will work with both parties to resolve issues in a way that is workable for both of you and that you are both comfortable with. The process does not prevent you from taking independent legal advice and in fact that is actively encouraged if one or both of you are unsure as to your legal position.

Will it be expensive?

If you can reach an agreement during mediation, it is likely to be a more cost-effective process than dealing with the matter in court.

Do you have any more questions?

Please visit our Family Mediation Services page or contact us on 01442 218090.  We are here to help and answer any questions you have about the mediation process.

You may also find our other blog – How does Family Mediation work? useful too.