Can my lawyer attend FDR with me?

Lawyers can play an important role in family dispute resolution, particularly where the issues are legally or financially complex. Whether your lawyer attends the mediation itself depends on the circumstances and the arrangements agreed for the FDR.

A lawyer can help you understand:

• your legal rights

• possible outcomes

• risks

• the meaning of proposed terms

• whether an agreement should be formalised.

Not every person chooses to have a lawyer attend. However, independent legal advice can be particularly valuable where there are significant property interests, complex parenting issues or existing court proceedings.

In some matters, lawyers attend with their clients. This can allow participants to negotiate with legal advice immediately available. In other matters, participants attend FDR themselves and obtain legal advice before or during breaks.

The FDR practitioner remains independent. They do not give legal advice to either party, rather the practitioner facilitates communication and negotiation. Remember that your lawyer represents your interests; the FDR practitioner remains independent.

Before mediation, ask your lawyer what you should know about your legal position and what issues require particular caution. You can then enter FDR knowing the boundaries within which you are negotiating.

Before mediation, ask your lawyer to explain your legal position, likely risks and any proposals that require particular caution. During mediation, use breaks to check significant proposals rather than trying to make complex legal decisions while under pressure.

The FDRP will discuss with you the options of having your lawyer attend the mediation with you and/or obtaining legal advice before, during and after the mediation.