Should I Use a Solicitor During Family Mediation?
Family solicitors can no longer offer their clients Legal Aid or Public Funding, unless their firm has a Legal Aid Contract and the case involves domestic violence, which is evidenced.
This means that anyone who is likely to get Legal Aid because they are on benefits, or on a low income, now has to go via a ‘
unless they can prove that they have been subject to domestic violence.
You don't need a solicitor for family mediation, but Kent Family Mediation does recommend that you consult with a family solicitor or family lawyer during the family mediation process. You may wish to consult a family solicitor to begin with, in order that they can obtain background information, however this is not necessary. The family mediator will speak to you about using solicitors for your divorce or family separation and the resolution options that you have during your MIAM (mediation information and assessment meeting). Your solicitor should tell you that you need to attend a MIAM and find out about how mediation can help you resolve your dispute before you can apply to go to court over a family legal matter. You can't bring your solicitor into any family mediation meeting.
At what point do I need to see a Family Solicitor?
You may want to consult with your solicitor at any stage of the family mediation process; however it is important that you feel that you are making your own decisions.
We recommend that you speak to a Solicitor when you have reached an agreement during or whilst you are attending family mediation or if you are looking for divorce mediation. If your issues are only about your children, then this will be after we have drawn up a 'Statement of Outcome.'
What is Collaborative Mediation?
Successful family mediation depends upon the close cooperation of the clients and the support of their legal advisor or family solicitor. It is important to be aware that not all family solicitors or legal advisors support the practice of family mediation, but there are some solicitors who encourage and support family mediation and who are willing to work alongside the family mediation process.
What are the benefits of family mediation?
Family mediation is by far the most cost effective way of coming to an agreement with the other person, rather than going to the family court or through legal channels. It does away with any unnecessary and expensive ‘toing and froing’ between both sets of solicitors during the negotiation stage. Click here to see more benefits of family mediation.
It is important to remember that if you have been assessed as being eligible for Legal Aid/ Public Funding, then in addition to getting FREE Family Mediation you will also be able to have a number of hours FREE consultation time with a Solicitor.
Yes you can mediate before you go to Court and it is strongly advisable that you try family mediation before you go to Court. If you have a Court date pending then you will have already been to a MIAM (Mediation Information and Assessment Meeting) and found out about how mediation can help to resolve your family dispute. During this mediation meeting, you will have been assessed by a Family Mediator for Legal Aid, found out about what family mediation is and how family mediation can help you, been given the options that are open to you and had the relevant Family Court forms signed by an accredited family mediator.
How should I choose a Solicitor
You should choose your solicitor carefully, ensure that you are fully aware of the fees that they will charge you and that you have chosen the right family solicitor to deal with your divorce case, child contact dispute or family separation dispute. Click HERE for a list of Kent solicitors that are willing to work with family mediation clients.
Kent Family Mediation Service offers Legal aid and private family mediation in Kent.
Kent Family Mediation offers Family Mediation in East Kent, Family Mediation in South Kent, Family Mediation in South East Kent, Family Mediation in Mid Kent, Family Mediation in West Kent, Family Mediation in Thanet. Family Mediation in Sheppey, Family Mediation in the Weald of Kent, Kent Family Mediation has accessible family mediation centres in Ashford, Bromley, Canterbury, Chatham, Dartford, Dover, Gillingham, Maidstone, Northfleet, Ramsgate, Sevenoaks, Sittingbourne, Tunbridge Wells.