Solicitor led mediation is a specific type of mediation, which is a very popular method of non-court dispute resolution.
Traditional mediation vs Solicitor led mediation
Mediation traditionally involves a separating couple meeting with a neutral third party (a mediator) who helps them negotiate with a view to reaching an amicable agreement in relation to the division of their finances. The mediator’s role is to facilitate and provide structure to the negotiations, but they cannot provide any specific legal advice as their role is to be neutral and independent. They are there to assist but will not speak for you and it is therefore down to you to ‘fight your corner’, explain what you want to achieve and what you think would be a fair outcome. That can feel daunting to some.
There are other options available, such as ‘shuttle mediation’, which is where you each sit in separate rooms with the mediator going back and forth between you, although in that setting you would still be required to speak for yourself (albeit not directly to your former partner).
By contrast, with solicitor led mediation your solicitor would attend sessions with you as well as setting up and helping you prepare for the mediation. The format of the mediation can be arranged to suit your needs, so for example the mediator can shuttle between you and the other party or there can be joint sessions either between lawyers or lawyers and the parties.
Lawyers can advise you before, during and after the mediation and can speak on your behalf when necessary, without taking away your ability to speak to the mediator directly. That can be hugely beneficial in some cases.
What are the key benefits of solicitor led mediation?
- Communication and confidence – where communication between you and your former partner is a concern or an issue preventing you from being able to take part in traditional mediation, having your solicitor there to support you will enable you to take advantage of all the benefits of mediation where that would not have been an option otherwise.
- Benefit of advice from a trained professional – you will be able to take advice from a trained family law professional on the day whilst the negotiations are taking place, as opposed to seeking advice in between sessions which is more often the case with traditional mediation. Your solicitor will be able to advise on the fairness of any proposals being discussed from a legal perspective, which is very important. Research shows that those who do not receive legal advice in relation to divorce and finances are more likely to reach an unfair settlement in law and/or feel dissatisfied with the outcome in years to come.
- Ability to deal with complex issues – with your solicitor present, you will be able to discuss and look to deal with more complex issues confidently and effectively.
- Less expensive – mediation is widely regarded as being very cost effective and whilst solicitor led mediation will inevitably be more costly than traditional mediation (as you would need to pay your solicitor to prepare for and attend each session), you are likely to get more out of each session and/or be able to reach an agreement more quickly. The overall cost is therefore likely to be less in the long run.
- Speed – the negotiations are likely to progress more quickly as you will all be in the same place on the same day. Correspondence going back and forth between solicitors inevitably takes more time. With both solicitors being there on the day there is also the opportunity to finalise the terms of a consent order (to formalise the agreement reached) on the day, which would then need to be sent to the court for approval once agreed to ensure the agreement is made legally binding.
There are many other advantages to mediation generally – it is always better to try to reach an agreement with your former partner amicably using a form of non-court dispute resolution, as relying on the court process is often more costly, time consuming and unpredictable.
If you are interested in exploring solicitor led mediation, please get in touch with our Family Law team.