Resolution is an organisation for solicitors and other professionals in England and Wales who commit to a constructive, non-confrontational approach to the resolution of family law matters. This week it’s Resolution’s ‘Good Divorce Week’ campaign. They are focusing on how separating or divorcing parents can limit the impact of conflict on their children. They also campaign for divorce reform and the removal of ‘blame’ within the current divorce process. Parents need to focus on the future and not a past that can’t be changed. However, sometimes the current law requires one to dredge up the past and blame the other. It’s a poor start for parents transitioning from ex-spouses to co-parents. So is there such a thing as a ‘good divorce’? Perhaps the word ‘good’ is too ambitious. When parents separate or divorce they suffer a huge trauma. If they can divorce in a manner that doesn’t inflict further damage on each other or their children, then that is a positive outcome.
Family Law Professionals
As family law professionals we have a duty to focus on the best interests of children and to enable couples to finalise their divorce, child arrangements and finances, as peacefully as possible. We should constantly review whether our current practices correspond with that ethos. In my experience, most solicitors encourage clients to peacefully reach agreement, (if possible), and avoid litigation. In mediated financial cases, once full disclosure has been completed, clients are more likely to reach a negotiated settlement if they first receive good legal advice from their solicitors. They trust their solicitors and therefore feel safe to enter into negotiations. What’s good advice? Good advice involves a solicitor also considering what they would advise the other party if they were their client. This grounds the advice and makes it more realistic. However, problems arise if each solicitor takes an extreme view. If a wife has been told she should seek a very high level of maintenance for a long term, but her husband has been told there should be no spousal maintenance, it’s so difficult for either to move away from their respective positions and focus on needs. Providing realistic advice is a very powerful way to reduce conflict between separating parents.
Solicitors and Mediators – let’s talk more
Let’s take more time to ask each other about our respective roles. What can we do better and what works well? What do we need from one another? One of the most informative conversations I had was at a pension seminar with three family solicitors. They asked me many insightful questions about mediation and explained their concerns and what they felt the positives and negatives of mediation were. Sharing information can help solicitors and mediators to together support clients and help them achieve a conflict free divorce.
Author: Sara Stoner, Family Mediator, Broxbourne & Potters Bar
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