Do I need a solicitor for family mediation?

So you have decided following the breakdown of your relationship to try to resolve the issues arising between you and your ex in mediation, and found a mediator who is willing and able to help you. So far so good. Mediation can be an excellent way to reach agreement on the important decisions that will need to be made for your family by you and your ex amicably and cost effectively. But do you need a solicitor too?

We would say so, yes. Instructing a solicitor to advise you alongside the mediation process can help you navigate the process more effectively. While mediation is designed to be a collaborative and less adversarial approach to resolving the issues which almost inevitably arise following relationship breakdown, having legal representation can still be valuable for the following reasons:

Legal Knowledge and Expertise: the law surrounding relationship breakdown can be complicated. An experienced family solicitor will have a deep understanding of family law and can support you during the mediation process, making sure you understand that you know your rights, what to expect, and helping you to make informed decisions.

Objective and Rational Advice: the turmoil caused by relationship breakdown can be challenging, and it is not unusual for impulsive or irrational decisions to be made as a result. Working with a solicitor can help minimize the chance of that happening in mediation. A solicitor will provide objective advice based on legal expertise and experience, supporting you to make decisions that are in the best interests of both you and your family in the long run, even when emotions are running high.

Negotiation Strategy: Mediation involves a third party mediator facilitating discussions between you and your ex in a way that supports you both towards making joint decisions about your future. Inevitably, negotiations will be necessary. A skilled solicitor can help you develop a negotiation strategy, and increase the chances of ensuring your interests are protected and that you achieve a fair outcome.

Support within the process: While mediation is generally a more cooperative process, than for example court proceedings, conflicts can still inevitably arise. The starting point will be that solicitors are not present in the mediation sessions themselves, but that does not always have to be the case. If it is thought that solicitors being present could help rather than hinder the mediation process, and everyone agrees, solicitors can also be present during the mediation sessions to advise and support you.

Document Preparation: It is likely that at the conclusion of the mediation, legal documentation to reflect the agreement reached will be recommended. A solicitor can ensure that these documents accurately reflect the agreements reached and comply with any relevant legal requirements. If your solicitor is already familiar with the circumstances of your case, the process of drawing up the documents is likely to be easier, not least because they will have pointed out any issues with the proposed settlement before agreement is reached.

Peace of Mind: Relationship breakdown can be extremely stressful. Having a solicitor by your side can provide you with peace of mind, knowing that you have a professional guiding you through the legal aspects of the process.

Not many relish the prospect of contacting a solicitor, let alone a family solicitor, and here at Franklins we are realistic about that. We try to make the process of instructing us as easy and pain free as possible. We offer an initial appointment for a cost of £195, during which we try to give you an understanding of your legal position and what the future might hold.

If you feel Franklins might be the right firm to help you following the breakdown of your relationship, and you would like to enquire about when your initial appointment could be scheduled, please contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change, and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.