If you have already spoken to a solicitor about your separation, you may not have heard much about mediation, or it may have been mentioned only briefly. Solicitors vary enormously in how actively they encourage clients to consider it. But mediation is increasingly recognised as the better first step for many separating couples.
In short, you can tell your solicitor that you would like to explore mediation before moving further down a solicitor-led or court route. Mediation does not mean you are rejecting legal advice; many people use a solicitor alongside mediation to understand their legal position and formalise any agreement reached.
Can I Ask My Solicitor About Family Mediation?
It can feel as though once you have instructed a solicitor, the process takes on a momentum of its own. However, you are still in control of the decisions about how to proceed. Asking to explore family mediation before committing to a solicitor-led or court route is entirely reasonable, and many solicitors will support it where mediation is safe and appropriate.
In fact, in many cases you are now required to attend a MIAM (a Mediation Information and Assessment Meeting) before making certain family court applications, unless an exemption applies. So exploring mediation is not necessarily a detour; it can be part of understanding your options.
What Should I Say To My Solicitor?
If you are not sure how to raise it, you could say something like:
“Before taking the next step, I would like to explore whether family mediation could work for us. I understand it can often be quicker, less adversarial and more cost-effective than court proceedings. An initial meeting with a mediator would help me find out whether it is suitable for our situation.”
Can I Use A Solicitor And A Mediator At The Same Time?
Choosing mediation does not mean you have to stop using your solicitor. Many people take legal advice alongside mediation, so they understand their rights and options before making decisions. Your solicitor can also help turn any agreement reached in mediation into a formal legal document, where appropriate.
What Are The Benefits Of Trying Mediation First?
- It is significantly cheaper than court proceedings, often a fraction of the cost
- It is often faster; you may be able to get started within weeks
- You stay more in control of the outcome, rather than leaving decisions to a judge
- It is less adversarial, which can be especially important if you are co-parenting
- If mediation does not work, you can still take legal advice and consider court proceedings if needed
What If My Solicitor Does Not Support Mediation?
There are situations where mediation is not appropriate, for example where there are safety concerns, urgency or a significant imbalance of power. A good mediator will consider these issues at the MIAM stage and will tell you honestly if mediation is not the right route.
Most solicitors are supportive of mediation, particularly where it is safe and appropriate. If your solicitor has concerns, it is worth asking them to explain why. There may be good reasons not to mediate in some situations. However, if there is no clear reason not to explore mediation, you are entitled to ask questions and consider your options.
What Is The First Step In Mediation?
The MIAM, the Mediation Information and Assessment Meeting. This is a one-to-one meeting with your mediator. It is not a commitment to proceed with mediation; it is simply a conversation about your situation, your options and whether mediation may be suitable. Many people come to a MIAM feeling uncertain and leave feeling significantly clearer about the right path forward, whether that’s mediation, a solicitor-led process, or a combination of both.
Ready to find out more? Call us on 0113 213 3662 or email info@vollansmediation.co.uk