I am a divorce and family law solicitor but I am also a qualified family mediator so I am quite well placed to talk about how the two work together, for the benefit of a couple.

Selecting the right mediator is essential

One of the roles of a family law solicitor is to explain what mediation is and how it works and if necessary, make referrals. I work with lots of mediators so I know that there are some very good ones out there, and can therefore signpost my clients and then work alongside the mediators as the case progresses.

Make sure the mediator you choose understands all aspects of your case. If they are not a family mediator, they may not have the right experience.

What to expect from mediation

I think people as a minimum need to understand some basics of mediation and then perhaps even more importantly they need to understand what they need to cover during any mediation sessions. When considering finances with a mediator for example you need to talk about the house and savings of course, but also consider things like pensions, income, shares and business interests.

Likewise, if you are mediating about the care of your children, it is important to have a full discussion about where the children will live and when they will see both parents, as well as arrangements for funding all the things your children will need, from food to clothing, holidays and treats.

Meditation is most effective when the client works closely with both their solicitor and mediator. Many of my clients come back to me after a meeting with their mediator and ‘check in’ to see that they are covering everything, or maybe to get legal advice on a specific point. At times, they need advice about whether to bring in accountants or other experts to deal with pensions, for example.

Reaching agreement

The hope is that the couple can reach an agreement in mediation. The next step is to make that agreement legally binding. I frequently help clients by drafting these agreements, reached in mediation, and lodging them at court.

If, on the other hand agreement cannot be reached through mediation the fact the solicitor has been involved throughout the process means they are better equipped to advise on the next steps and support the client through a direct negotiation with their ex or by preparing their case for court.

As a member of Resolution, I am committed to a non-confrontational approach to divorce and family law disputes. Mediation can be a great way to keep matters amicable and work through points of disagreement without involving yourself in the full legal process. My only advice would be to select a mediator and solicitor who each value the other’s role in the process.

Blog post by Kate Brooks, family law solicitor with Woolley & Co, Solicitors. For more details visit www.family-lawfirm.co.uk.