There’s often a big gap between mediation clients, their lawyers and their mediators. It’s a gap which gives every appearance that mediation is a clunky, unwieldy and not particularly legally robust process. This helps to undermine the notion in clients that the process is something potentially worth exploring. This gap has no more been created by lawyers than it has by mediators, and neither of us alone can bridge it. It calls for teamwork. What do I mean by “the gap”? I mean a straightforward lack of support, a lack of communication and a lack of teaming.

Let’s start with lack of support. Hands up lawyers if you give your clients a steer towards a particular mediator?  I thought so, hardly any of you. Why not? Don’t you recommend a barrister when your client needs one? And when the client has chosen, how many of you offer to make the referral? Mmm. I can sort of hear it now: ” I can refer for you (implying, and I’ll charge you for that) but you can always call the mediator yourself”. And in doing this you have overlooked the value to your clients of making that referral. You can provide all the information the mediator is likely to need about the type of mediation or MIAM, and whether or not the other party and their solicitor are on board. This information is valuable to the mediator too, and to the potential success of what happens next.

Now a lack of communication. Hands up mediators if you ask your mediation clients’ permissions to copy their lawyers into any messages, explaining the value to them of doing so? As few as that eh. Now, not all clients want to copy in their lawyers . But I think much of that is down to a fear of the bill that the work will generate, and they fear the bills because some lawyers may have started off by suggesting the client refers themselves to the mediator in the first place…but many clients will value help from their lawyers, especially if the mediator has suggested a way for the lawyers to help.

Teamwork is a skill most of us could improve upon. Teaming between mediators and lawyers, lawyers and financial planners, financial planners and family consultants and family consultants and mediators. We need to get to know how we work so that we can support our clients with confidence. While I’m not the first family mediator to work to fixed prices, I believe I was one of the first to work to offer them as a lawyer. Fixed fees are not a solution, but they are a valuable tool in our pricing armoury.

There are real opportunities to offer fixed prices to: refer clients to mediation services; advise them during the mediation; and draft any agreement and court papers at the end. How about offering a fixed price to attend a joint meeting with both clients? With any other solicitor involved, (and with the mediator possibly) after the mediation documents have been produced? Think how much clients might value your services so much more if they could see us working closely as teams.

For those who have undergone training in collaborative practice, remember the idea of a final meeting with Champagne to celebrate? I’ve heard many stories like this from practitioners from England and North America. Just imagine the testimonial you would get. Good mediation outcomes can reflect just as well on lawyers as they do on mediators. Understand the value you provide, and don’t be afraid to charge for it. Clients will resent paying any of us if they can’t see the value.

If you are in the Ipswich, Colchester and Cambridge region, and would like to develop this further, please get in touch.