Solicitor and mediator Helen Clyne, senior associate in the family team at Debenhams Ottaway, joins the latest Today’s Family Lawyer Podcast to discuss how mediation training has shaped her approach to practice.
With 15 years’ experience, Clyne recently established a mediation service alongside her legal practice which supports her own work helping clients understand family law is not about winning or losing, but about helping individuals move forward after some of the most difficult experiences of their lives. She argues that effective family solicitors must understand the emotional journey clients experience during relationship breakdowns, as emotional distress can significantly affect a person’s ability to absorb advice, make decisions and engage constructively in resolving disputes.
Through her mediation work, Clyne acknowledges the insight provided by hearing both sides of the matter informs her own legal work; enabling her to consider the viewpoint of the opposing party more carefully when negotiating settlements, often helping to unlock progress and achieve resolutions more efficiently.
Mediation training incorporates communication techniques including active listening, open-ended questioning, reframing statements and acknowledging emotions which has taught Clyne the value of slowing down, listening more carefully, and allowing clients to feel heard before moving towards, rather than being too quick to move from recognising a client’s concerns to proposing a legal response.
Given the drive to encourage greater out of court options Clyne’s own default position is that most separating couples should consider mediation; but she acknowledges there are circumstances where it may not be appropriate, particularly cases involving domestic abuse or concerns about a party’s honesty in disclosing financial information. Mediation is not a “soft” option she adds; it requires participants to communicate clearly, articulate their priorities and engage constructively with difficult issues. Emotional readiness and proper support are therefore crucial considerations.
But it does provide greater ownership of the outcome, making agreements more acceptable and sustainable than solutions imposed by a court in her view; with the option to revisit mediation at various stages of proceedings rather than viewing it solely as a pre-court option.
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