Supporting your clients through mediation

Family mediation is an extremely helpful form of non-court dispute resolution.

However, for some clients they can feel worried about their solicitor not being there and will want to know how they can be supported.

During mediation, family mediators will regularly encourage clients to get legal advice between sessions, however, how can you support your client effectively so that they can get the most out of the process? We have prepared some helpful pointers below:

1. Be clear on what mediation is and what it is not.  Encourage your clients to start the mediation with an open mind.  If clients come into a mediation with a fixed view on what they should expect in terms of outcome, it can be harder for them to consider alternatives.
2. Try if you can to give them a range of outcomes, that way, clients won’t need to be worried if they feel that they are veering off what they have been advised.
3. Help them if they would like with the preparation of the Form E. The duty of full and frank disclosure is as high in mediation and encourage them to complete this early in the process if need be.
4. Help clients to prioritise what is important, both in terms of short- and long-term outcomes.
5. Before the session, help them to understand legal rights.  Whilst mediators will explain process and procedure together with the law , they won’t advise.
6. Let them know that they can check in with you post-mediation sessions on proposals made or next steps.

Mediation and legal advice can work hand in hand and together can enable couples to hopefully make decisions that they feel are fair for their family now and in the future.