What are the differences between the roles of a Family Mediator and Family Solicitor?

Family mediation is a process in which an independent, professionally trained mediator helps you work out arrangements for children and finances following separation. Family Mediation helps you stay in control, now one makes you do anything against your wishes.

Mediation is a dynamic process and can be used many times. For instance, it can also be helpful when family arrangements you have made beforehand need to change, reflecting changes as your children grow up.

The mediator will help you find a solution which works for you both and will explain what needs to happen to make an agreement between you legally binding. The decisions you reach are not legally binding on their own however you can ask a court to make what is decided into a legally binding ‘consent order’. Your mediator can explain what this is and how you can get a consent order.

Remember that FMC Registered Family Mediators can provide general legal information. They may tell you what the law says about financial settlements on divorce in general terms, but they cannot provide legal advice by telling you what that general laws means for you personally, in your particular circumstances.

You can get legal advice from a family solicitor. Most clients attending mediation find it helpful to have family legal advice to support them - your mediator will talk to you about this.

You are free to arrange this at any point in the mediation process.

One thing to consider is to check the family solicitor you choose specialises in family law and follows the Law Society’s Family Law Protocol. You can ask them when making your first enquiry, prior to instructing them.

This Protocol covers the matters family lawyers must consider in order to promote their clients’ best interests. It is a guide to good practice for family law practitioners in putting clients first. You can also check that any family solicitor you instruct follows the Resolution Code of Practice, which is a commitment to resolve a dispute in a non-confrontational, collaborative and constructive way to preserve client’s dignity and to encourage agreements.

Furthermore, you can expect that a family solicitor instructed by you will act for you and you alone but should also help you think about how decisions could affect other family members, especially any children involved.

Family Legal advice may be helpful for you if any of the following apply:

1.) You want help with making a decision on any legal matter connected with your mediation discussions

2.) You want advice when considering any proposed agreement reached through family mediation discussions

3.) If you both wish to turn the written agreement into a legally binding document, which is known as a consent order

4.) You need help supporting you in preparing divorce papers for the family court, if this becomes necessary

You can find out more through the Family Mediation Council website, or by contacting us for an initial appointment.