Following almost a decade practicing as a family solicitor, I chose to train as a mediator. At the time it seemed to be a sensible next step in my career; on a superficial level it would be another service, along with collaborative law, I could offer my clients in a bid to avoid a broken court system. There was however much more to the decision which I explore below.
Ordinarily a family mediator’s role is as a facilitator of conversation and provider of information between/to a separating couple. The focus is supporting them to reach their own decisions. Normally there are no solicitors involved in the mediation meetings but there are occasions where there would be a benefit if they were, for example to support their client and the process. As a minimum it is recommended for solicitors to provide advice outside of the mediation to ensure their clients are making fully informed decisions and to formalise the agreement reached.
Although I never underestimate the anxiety a separated couple may feel meeting face to face, sometimes for the first time in many months, doing so is in my experience a catalyst to progress being made, and quickly. I was (and still am) acutely aware that approaching decision making through solicitors or the courts does little to open up the lines of communication or start to rebuild trust to, for example, co-parent effectively. As a solicitor I rarely have the prospect of speaking to both parties and sharing the same information, or in return to hear both sides of the story to gain a greater insight to potential ways forward. Mediation affords me that opportunity.
The other benefits mediation brings include speed (not waiting for court hearings or letters to be sent), cost savings (paying for one professional and normally over a shorter timeframe), focus on issues which matter most at that point, and generally improve the divorce and separation experience for clients.
I enjoy mediation for the challenge it brings and the additional skills it has provided me to handle conflict in all aspects of my legal practice. Please get in touch if you would like to know more about mediation and the other approaches to negotiations my team can support you in.