header-logo header-logo

Home Login E-newsletter About us
30 July 2009 / Geraldine Morris
Issue: 7380 / Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

Tools of change

© Copyright LexisNexis 2026. All Rights Reserved.

Geraldine Morris explains the fundamental principles of mediation

By virtue of the Law Society’s Family Law Protocol (since February 2002) , unless it is clearly inappropriate to do so, family solicitors are required to explain mediation and collaborative processes and advise on thae benefits and/or limitations in the client’s specific case plus the role of the solicitor in supporting the mediation process where appropriate. Thus methods of ADR cannot be disregarded by family lawyers who are not trained mediators or collaborative lawyers. The suitability of ADR cannot then be forgotten after the initial advice, but rather kept under review throughout.  A distinction may be drawn between the role of a mediator (who may or may not be a family lawyer) and the mediation based skills many family lawyers have developed in the course of their normal practice.

The client

It is inevitable that parties experiencing the breakdown of their own relationship will find it difficult to separate out their roles as parents (which will continue) and partners/spouses/civil partners. Both family lawyers and mediators

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
Read All
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
NLJ this week: 40% penalty for coercive control
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
NLJ this week: Mbappé row spotlights ‘ethics bonuses’
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
Copyright © 2026 LexisNexis
back-to-top-scroll