Often the Mediator is a fully qualified family law solicitor therefore you would consider that the Mediator should be able to advise you on the legal aspects of the Mediated Agreement.
This is not the case however. One of the four principles of Mediation is the Mediator’s neutrality. The Mediator can provide legal information and put discussions in a legal context but it is strictly outside the terms of Mediation to offer legal advice.
The Mediator will make this clear and stress that you should obtain legal advice outside of the Mediation sessions from your solicitor.
If you do not know a local solicitor the Mediator can recommend one as frequently they work together.
Assuming that the Mediation is successful and a Mediated agreement is produced you will then need a solicitor to convert this into a consent order to be filed with the court.
Without the consent order, your Mediated Agreement does not have legal weight. A consent order is a complex legal document which requires a solicitor to complete.
If you obtain legal advice during the course of Mediation it does not mean that you have to follow it. Mediation is totally voluntary and the Mediated Agreement is the outcome you and your ex partner choose not a court imposed agreement or one based solely on legal advice.
