Sir, – Rosie Gallagher’s comments (March 1st) on the legal profession’s involvement in mediation are quite frankly alarming. As a practising family mediator and a practising family lawyer, I suffer from absolutely no “conflict of interest” as Ms Gallagher puts it. On the contrary. I segue with ease between both professions regularly.
As I am in the family law courts on a frequent basis, I am in the unique position that I can reality-test the proposals that come up during the mediation process. Although my role as mediator is not an advisory role (unlike my role as a lawyer) I am, however, entitled to furnish a separating or divorcing couple with legal information which in turn assists them in brainstorming options.
Mediation always works best run parallel with independent legal advice. It is not designed to replace legal advice. As for lawyer mediators charging similar costs to senior counsel fees, that type of scaremongering is clearly designed to undermine the valuable and worthwhile work lawyers do in the field of mediation.
If Ms Gallagher disagrees then perhaps you can recommend the name of a good mediator? – Yours, etc,