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Do I have to see a solicitor if I am going to mediation?

Whilst it is not mandatory for you to see a solicitor before a mediation it is very important that you obtain legal advice prior to attending any type of mediation whether it is an informal mediation between you and your former spouse or a formal mediation organised through your solicitors or a mediation or ‘Conciliation Conference’ which occurs through the court process.

In the absence of legal advice, you are entering into negotiations without:

  1. knowing where you stand;
  2. knowing what you should or should not be offering to the other side;
  3. knowing whether you should or should agree to something as it may not be:
    1. in your best interests; and
    2. in parenting cases you could be agreeing to arrangements which may not be in the child’s best interests.

If you are due to attend mediation through:

  1. a Family Relationships Centre or other mediation service regarding parenting;
  2. a Roundtable Conference;
  3. a Private Mediation;
  4. a Case Assessment Conference; or
  5. a Conciliation Conference

We encourage you to obtain independent legal advice at least one to two weeks prior to the proposed mediation.

Pearsons offers a free first appointment.

Written by Pearsons Family Law.