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Lawyers in GP Partnership Mediation: Do You Need One?
When a conflict between GP partners reaches mediation, one practical question often arises: should I get a lawyer?
Having recently analysed the GP partnership mediations that I have conducted, the significant majority had not reached a formal legal dispute when mediation was explored.
Once my work as a mediator has begun, and in the run-up to the mediation day, about half of all parties do then go on to “get a lawyer”. This may relate to the fact that most GP partnership mediations I am involved with ultimately deal with negotiating a partner's exit from the practice even when that was not a clear intention at the outset.
There are two aspects to the ‘should I get a lawyer’ question in GP partnership mediation: getting legal advice on the situation itself and then deciding whether to have legal representation present at the mediation.
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Legal advice before GP partnership mediation
Partner exits can have significant financial, professional and reputational consequences. With profit shares, premises liabilities and restrictive covenants to consider, seeking legal advice is understandable, just as it would be when divorcing or selling a house.
Legal advice can help a party to understand their position and know what ‘carrots and sticks’ they can bring to the negotiation. It can also clarify the alternatives to mediation, including litigation or expert determination and what those would entail.
Understanding the costs, time, risks and possible outcomes of those alternatives helps a party decide how far they are prepared to compromise. Without that picture, judging whether a proposal is financially, reputationally and commercially acceptable can be difficult.
Should you bring a lawyer to the mediation day?
The answer should not simply be: “the other side is bringing a lawyer, so I must bring one too.”
Mediation is not a court hearing focused on presenting legal arguments to a judge to prove who is legally right. It is a structured negotiation, supported by an independent mediator, to help the parties reach a practical outcome they are all prepared to accept.
The better question is: would a solicitor or barrister help me negotiate well, understand my risks and make properly informed decisions?
Legal support can be sensible where a party needs help to understand legal risks, respond to arguments or evaluate proposed settlement terms. Someone who has already taken advice, understands the legal framework and is mainly negotiating practical commercial terms may not need a lawyer in the room throughout.
Responding to legal arguments
A lawyer's presence can help when legal points are being tested. One party may argue that the partnership agreement clearly favours them, that the other side has no realistic claim or that a particular outcome is inevitable. This may reflect their genuinely held view or be their negotiation strategy.
Where only one party has a lawyer present, the other may find it harder to challenge a robust legal argument convincingly, even after taking advice. A lawyer can provide a firm, informed response and help rebut an overstated case in a way that the other side takes seriously.
Formalising the agreement
Most parties want a legally binding settlement signed before the mediation ends, rather than leaving terms open to changes of minds and hearts. Their legal team will need to draft the agreement, and the other party will want their own legal team to review it before signing.
The role of a mediator is to facilitate negotiation, test arguments, support creative thinking and challenge the practical realities of the options. Giving legal advice or drafting a legally binding settlement would take a mediator out of that neutral, non-advisory role.
The mediator may help record commercial terms in heads of terms, which can then go to solicitors for formal drafting, but these are not a substitute for a signed settlement agreement and may leave legal loose ends unresolved.
Momentum can be lost if terms are incomplete, ambiguous or reopened after mediation by lawyers who were not involved. If a signed, legally binding agreement is the aim for the end of the day, involving lawyers is most likely to achieve that. Most parties therefore at least have a lawyer available to advise on the final wording of any agreement.
Legal support does not always mean attending in person
A lawyer does not necessarily need to be physically present throughout. A party can take advice beforehand, attend without their lawyer and keep them available by phone or video, particularly before making concessions or agreeing final wording.
This can be more cost-effective and work well where the legal issues are known and the main objective is practical commercial terms. It may be less suitable where the issues are complex, the other side is represented throughout or there is a high risk of pressure during negotiation.
The possible downsides of bringing a lawyer
Cost. If a lawyer prepares position papers, attends a full-day mediation, advises throughout and drafts settlement documents afterwards, costs may be significant, perhaps in the region of £10,000. That does not make the cost unjustified, but it should be proportionate to what is at stake.
Tone. If lawyers dominate, the parties may retreat into adversarial positions, and mediation can begin to feel like litigation. That may be counterproductive, particularly where partners still need to work together or preserve the functioning of the practice.
Loss of ownership. The partners understand the personalities, workload, staff dynamics and history of their practice. A negotiation that becomes too lawyer-led may produce a legally neat deal that is operationally unrealistic.
Be clear about the lawyer's role in advance. A mediator who understands the practical and commercial reality of general practice can help steer the discussion towards a pragmatic outcome.
Checklist: deciding whether to bring a lawyer
For GP partners considering whether to bring a lawyer to mediation, the following questions are useful:
Do I understand my legal position well enough to negotiate confidently? If not, get legal advice in advance, and/or on the day.
Are significant sums of money, premises liabilities, retirement terms or future claims at stake? If yes, the cost of getting this right with help from a lawyer (in advance or on the day) is likely to be proportional to what is at stake.
Is the other side likely to rely heavily on potentially overstated legal arguments? If yes, consider boosting your credibility and therefore negotiating power by having a lawyer present in some form.
Would I like everyone to sign binding terms on the day? If yes, you will need a lawyer on the day to draft or scrutinise an agreement on your behalf, which can be done remotely.
Are creative settlement options being considered that could have legal consequences? If yes, get legal advice in advance if you have a sense of what options may arise on the day, but consider having a lawyer available for advice on the day.
The best role for lawyers in mediation
Mediation is about reaching a mutually acceptable “real world” outcome. Legal advice can be important, particularly where the stakes are high or a binding agreement is to be signed.
The decision should be based on what will help negotiations be effective, risks be understood and the settlement be workable, commercially acceptable and unambiguous.
The key is proportionality: bringing a lawyer can be sensible, but bringing one out of fear, retaliation or a desire to match the other side may not be.
About General Practice Mediation
General Practice Mediation supports GP partners, practices and PCNs in resolving disputes constructively and confidentially.
If your PCN or practice is facing governance or relationship challenges, you can book a free 30-minute consultation at a date and time convenient for you.
General information only. This article does not constitute legal advice.
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