The Role of the Mediator in Family Disputes

The Role of the Mediator in Family Disputes

People often find it very confusing as to where the mediator ‘fits in’ to the family justice system and what their role is. Clients often contact me saying that their solicitor has said that they should see a Mediator and they do not know why.

The role of a Mediator in Family Disputes can be wide and varied but there is a key component. The vast majority of work that a Mediator does takes place in the mediation sessions. Very few emails are written and any documents produced are to support the mediation session ,or reflect what was proposed in a session so that clients can better take legal advice.

Mediation sessions are decision making forums. Financial documents are required in advance to enable more meaningful discussions in the sessions and are used to enable participants to progress their proposal. Once a proposal is reached then the couple is encouraged to go back to their lawyers so that they can receive further legal advice and the proposal converted into a binding, court-approved agreement.

Clients start mediation at different times in the legal process. They may deal with the entirety of their dispute with lawyers and only require the mediator to explain about mediation in a MIAM (click here to learn about MIAMs) so that they can issue court proceedings. Briefly, a MIAM is… a meeting where you are given information about what mediation is and assessed for the suitability in your situation.

Others only use lawyers at the conclusion of their mediation sessions, when they have a proposal upon which they need legal advice. Most people fall between these two situations. They take legal advice at the outset and may deal with disclosure through lawyers, but all the discussions take place in mediation, leaving their lawyers to advise as they progress through the process and at the end.

Family mediation is not an alternative to obtaining legal advice but is complementary to it. Mediation can provide a structured, neutral space where separating couples can work toward practical solutions. Mediation allows for open discussion, encourages informed decision-making, and supports participants in shaping their own outcomes—while still valuing and relying on legal advice at key stages.