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Family Mediation Week: Why you should seek legal advice alongside mediation

At Clifton Ingram, we fully support mediation as an effective means of dispute resolution. Mediation provides separating couples with a constructive way to reach agreements, and our team is here to provide legal support throughout the process.

Mediation is often the first step for many families, offering a collaborative space to negotiate arrangements. However, as one recent case illustrates, it’s equally important to seek legal advice alongside mediation to ensure the process is both fair and legally sound.

In this article, we explore why seeking legal advice alongside mediation can make a significant difference and how it can help people navigate the complexities of separation.

The Role of Mediation and Legal Advice

Mediation is a powerful tool for facilitating communication and agreement between separating parties. It provides a structured environment where both individuals have the opportunity to discuss their needs and work towards mutually acceptable solutions. One of the key advantages of mediation is the control it offers – participants are more likely to reach an agreement they are satisfied with because they’ve played an active role in shaping it.

However, whilst mediators are skilled at fostering dialogue, they cannot provide legal advice. This is where our team of highly skilled solicitors can provide valuable guidance and advice as you go through the process.

How Legal Advice Enhances Mediation

Seeking legal advice alongside mediation offers several key benefits:

Peace of Mind, Clarity, and Security

Navigating a separation can be overwhelming. A solicitor’s guidance can provide much-needed clarity about your rights and responsibilities. They can help you understand the legal implications of any decisions made during mediation, ensuring that nothing is overlooked and that the agreement aligns with your best interests.

Support During Negotiations

A solicitor can act as a “behind-the-scenes” advisor during mediation. They can review proposals, explain the potential outcomes, and help assess whether the arrangements being discussed are in the best interests of both you and your children. For example, in one case, a significant pension worth £1.5 million was overlooked during financial negotiations in mediation. By seeking legal advice, the client was able to ensure this important asset was addressed, leading to a more comprehensive resolution.

Ensuring Balance in Power Dynamics

Mediation relies on both parties having an equal voice. However, in cases where there is an imbalance of power – whether financial, emotional, or otherwise – a solicitor can help level the playing field. They can identify areas where one party may be at a disadvantage and provide the support needed to ensure fair negotiations.

Preventing Misunderstandings

Mediators focus on facilitating communication, but they may not identify potential legal issues. A solicitor can raise any points that might be overlooked. This ensures that any agreement reached is not only practical but also legally sound.

Creating Legally Binding Agreements

One of the most important steps after mediation is turning the agreed terms into a legally binding document, such as a Consent Order. Without this, there is a risk that one party could later dispute the agreement. A solicitor can handle this process, ensuring that the agreement is enforceable and provides long-term security for both parties.

Mediation and Legal Advice: A Collaborative Approach

As Rashi Dawson, a partner in our firm, explains,

“The value of having a solicitor behind the scenes is the peace of mind that comes from knowing nothing has been missed and the negotiations are fair and reasonable.”

Mediation empowers parties to maintain control over the process, while legal advice ensures that this control is exercised with a full understanding of the potential consequences.

Conclusion

For families navigating the challenges of separation, mediation and legal advice are complementary tools. Mediation fosters cooperation and communication, while legal advice provides the clarity and security needed to ensure fair and balanced outcomes. Together, they help separating couples create agreements that stand the test of time and allow everyone involved to move forward with confidence.

If you’re considering mediation or have already begun the process, our team is here to provide the legal support you need. Contact us today to discuss how we can help you achieve the best possible outcome for your family.

 

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