When navigating the often complex and emotional process of family separation or divorce, many people turn to mediation as a more amicable and cost-effective alternative to court. But an important question arises during mediation: What’s the difference between giving advice and providing information?
At Vollans Mediation, we believe clarity is key. Understanding this distinction empowers clients to make informed decisions without compromising the neutrality of the mediator. Below, we’ll explain the difference, provide practical examples, and highlight why this distinction matters in the mediation process.
What is Family Mediation?
Family mediation is a voluntary process where separating couples work with a trained, impartial mediator to reach mutually acceptable agreements on issues such as child arrangements, finances, and property. Unlike solicitors or judges, mediators do not take sides and do not make decisions. Instead, they facilitate discussion and help both participants find common ground.
Information vs. Advice: What’s the Difference?
In mediation, the distinction between providing information and giving advice is crucial to maintaining neutrality.
- Information refers to objective, factual knowledge. It’s non-directive and accessible to both parties equally.
- Advice, on the other hand, is opinion-based. It often involves suggesting a course of action and can be perceived as favouring one party over the other.
Let’s break this down with some real-world examples.
Practical Examples of Information in Mediation
- Legal Frameworks
A mediator might explain “The law says that both parents are responsible for financially supporting their children, regardless of who the child lives with.” This is factual information that helps both parties understand their legal responsibilities. - Child Maintenance Calculator
Mediators often signpost to tools like the Child Maintenance Service Calculator. “You can use this online tool to estimate child maintenance payments.” This enables participants to make calculations themselves without the mediator providing and interpreting the results for them. - Court Process Explanation
If one party asks about applying to court for a financial settlement, a mediator might explain “If mediation doesn’t result in an agreement and you wish to apply to court for a financial remedy, the mediator can then provide you with a Form A MIAM certificate, which is required to make the application.” This is procedural information, helping everyone to understand the steps involved without encouraging court action.
Practical Examples of Advice (Which Mediators Avoid)
- Telling Someone What to Do
“I think you should apply for a Child Arrangements Order.” - Suggesting Financial Settlements
“You’d be better off asking for 70% of the house.” - Recommending a Course of Action
“If I were you, I wouldn’t agree to that.”
Why the Distinction Matters
Maintaining neutrality is essential in mediation. If a mediator gives advice, even unintentionally, it can lead to:
- Perceived bias: One person may feel the mediator is taking sides.
- Working outside the role of mediator: Mediators are not solicitors and cannot offer legal advice.
By sticking to information, mediators empower both participants to make their own decisions based on a clear understanding of their options.
How We Support Informed Decision-Making
Understanding the line between information and advice is crucial for anyone engaging in family mediation. At Vollans Mediation, we provide a calm, balanced environment where everyone feels heard and respected, and where clear information lays the groundwork for making informed decisions and fair agreements. We will help participants find solicitors, financial advisors, and support services when needed, helping clients access the expert advice they need — outside of the mediation room.
If you’re considering mediation, or you have questions about the process, get in touch with us. We’re here to help you move forward with clarity and confidence.
👉 Contact us via our website https://vollansmediation.co.uk/contact/
📧 Email us at info@vollansmediation.co.uk
📞 Or call us directly on 0113 213 3662