Combining legal advice with mediation: the benefits of taking advice from a specialist family lawyer during the process

Reaching a financial settlement following separation or divorce can be one of the most significant financial decisions in a person’s life. Similarly, agreeing arrangements for children can be difficult when a couple separate. In both cases, the process can often feel complex and overwhelming, especially without proper legal guidance. In circumstances where parties want to reach a swift, amicable, and fair resolution, a combination of specialist legal advice from a family law solicitor and mediation with an independent third party can be extremely valuable.

Understanding mediation

Mediation can take many forms but is a well-established voluntary process where a neutral third party, the mediator, facilitates discussions between separating couples to help them try to reach agreement. Mediation is less formal than court proceedings and is private. The process encourages flexible and creative solutions especially for example where there are business interests, and there is no risk of the outcome being reported, which can happen in some court proceedings.

Changes to the Family Procedure Rules from April 2024 essentially mandate that couples must attempt alternative dispute resolution, such as mediation, before applying to have their case dealt with by the Family Court. The popularity of mediation and the number of couples opting to take part in it is therefore likely to increase. Our detailed review of the changes to the Family Procedure Rules, published earlier this year, can be found here: Family Procedure Rule changes – refocusing parties on mediation and other forms of NCDR.

The role of solicitors in mediation

If a couple plan to use mediation to reach a voluntary agreement, should they each take separate legal advice?

Whilst in some cases the mediator may be a qualified family lawyer, they cannot provide legal advice to either party and can only offer insight as to the legal framework on separation and encourage negotiations. Family solicitors, however, will advise clients as to their individual rights and obligations within that framework, and in their particular circumstances.

Receiving legal advice from a specialist family solicitor in the background to the mediation process therefore helps ensure that both parties are able to have informed discussions in the mediation sessions, helping them make considered decisions, confidently. In some cases, solicitors can also attend mediation with their clients to assist directly.

Other key advantages of having a solicitor during mediation include:

Having a solicitor during mediation can make a significant difference. With the right legal support, mediation can be a smoother, more effective process, empowering individuals to make informed decisions and swiftly reach agreement.

If you would like to discuss how legal advice alongside mediation can work in practice, please do contact Sarah Hoskinson or Hannah Petherick in the Burges Salmon Family Team.

This article was written by India Jenkins, Solicitor.