What is a family mediator?
Family mediators in England and Wales come from a wide range of professional backgrounds. Choosing the right family mediator is an important step for separating families, as the mediator’s experience, training, and professional insight can significantly influence both the mediation process and the outcome.
Many family mediators are practising solicitors or barristers or have previously worked in those roles. Others come from non-legal backgrounds such as therapy, counselling, psychology, or social services. Both routes can lead to effective family mediation, provided the mediator has undertaken specialist mediation training before beginning practice.
At Tees Law, family mediation is delivered by experienced solicitor-mediators, who combine legal expertise with a commitment to taking a constructive and resolution-focussed approach.
Legal vs non-legal mediators: challenging a common misconception
A common misconception is that non-legal mediators are more empathetic or better able to help families reach an agreement because they focus on emotions and participants’ interests rather than on legal technicalities or practical issues. In reality, empathy and neutrality are not determined by professional background, but by individual skill, values, and experience.
In many cases, particularly where finances or child arrangements are complex, there are clear advantages to choosing a solicitor-mediator.
Advantages of using a solicitor-mediator
Interest-led mediation coupled with legal insights
Solicitor-mediators are trained to conduct interest-based family mediation while also bringing specialist legal knowledge to the process. This enables them to help participants explore their underlying interests while providing accurate, realistic guidance/information about:
• Divorce and dissolution law
• Financial settlements on divorce or separation
• Child arrangements under the Children Act 1989
This dual skill set allows solicitor-mediators to help mediation participants understand what a court in England and Wales is likely to consider reasonable, setting informed and realistic parameters for negotiations.
Managing complex financial and family arrangements
Solicitor-mediators are particularly well suited to helping families who have complex finances, such as families who:
• Share family businesses and companies,
• Farm and hold agricultural assets,
• Have complex remuneration and income structures, like restricted stock units (RSUs), bonuses, or share schemes,
• Are beneficiaries in trusts, and
• Contribute to and may already benefit from pensions (so may have pension clawback issues)
Solicitor-mediators are experienced in helping those with intricate family structures, such as blended families or where there are non-parental caregivers. Solicitor-mediators regularly deal with issues of domestic abuse or allegations of alienating behaviours and have expertise in how the courts approach such issues.
At Tees Law, solicitor-mediators draw on wider family law expertise to ensure discussions are grounded in the legal realities of the court system.
Empathy, neutrality and professional standards
Empathy is not exclusive to counsellors or therapists. Many family solicitors, particularly those who are members of Resolution, place empathy, fairness, and constructive communication at the heart of their practice. A skilled solicitor-mediator will remain neutral, emotionally attuned, and outcome-focused throughout the mediation process.
Accessibility for vulnerable or less financially sophisticated participants
Family mediation often involves individuals who feel overwhelmed by legal or financial concepts. Solicitor-mediators are trained to explain complex issues clearly and accessibly, ensuring that all participants can engage meaningfully in discussions, especially where there is a risk of power imbalance or financial disparity.
Cost-effectiveness and efficient outcomes
One practical advantage of solicitor-led mediation is efficiency. Solicitor-mediators can draft a clear Memorandum of Understanding (MOU) that accurately reflects agreed outcomes and is structured to enable the MOU to be converted seamlessly into a draft consent order or child arrangements order, helping parties progress more quickly and cost-effectively towards a legally binding agreement.
Collaboration with other family professionals
Solicitor-mediators regularly work alongside other professionals, including family therapists, financial advisers, pension experts, and children’s specialists. Where appropriate, they can also help manage mediation cases into a private Financial Dispute Resolution (pFDR) hearing or Early Neutral Evaluation process (to break an impasse), ensuring continuity and strategic oversight throughout the process.
Considerations for non-legal mediators
Non-lawyer mediators can play a valuable role, particularly in emotionally complex cases. However, it is essential that they have sufficient training to provide accurate legal information relevant to family law in England and Wales. Without this, there is a risk that agreements reached in mediation may later unravel if they do not align with legal principles or court expectations.
Family Mediation at Tees Law
Ultimately, successful family mediation depends on the participants, but the mediator’s skill, experience, and ability to balance empathy with informed guidance can significantly impact the outcome. For families navigating relationship breakdown, financial settlements, or child arrangements, a solicitor-mediator can provide clarity, reassurance, and help ensure legally sound outcomes are reached.
Tees Law’s family mediation services offer a supportive, pragmatic approach, combining legal expertise with a commitment to helping families resolve disputes constructively and with dignity.
