Resolution is a family lawyers’ group with over 6,500 independent family lawyers who are committed to following the Resolution’s Code of Practice and to the constructive resolution of family disputes. The code promotes a non-confrontational approach to family problems and takes into account the needs of the whole family and in particular the needs of any children.  

 

24 September 2012, saw the beginning of Family Dispute Resolution Week, the first of its kind, aiming to raise awareness of non-confrontational methods of resolving family breakdown, for example through negotiation of parties, mediation and collaborative law. 

 

On the aforementioned date, Resolution carried out a survey of 2,018 adults which revealed that 45% believe divorce involves a visit to court and 40% believe divorce can never be without conflict. These are very important findings and the vice-chair of Resolution is of the opinion that this illustrates that government and judicial consideration and support is required in order to change public perception and encourage the resolution of disputes out of court. 

 

The alternative methods can help prevent divorce and the settlement of finances from being unnecessarily confrontational and benefit the whole family, as fairer settlements will be reached and the interests of children will be prioritised. 

 

What do the alternative methods encompass? 

 

1. Negotiation between parties and reaching an agreement. 

This is probably the cheapest and easiest way to a settlement and can be done with or without professional support. 

 

2. Mediation 

This is a way of resolving disputes and difficult issues that have arisen between separating couples. Mediators are trained and help with all or specific issues.

 

3. Collaborative Law

This is face to face meetings between parties and the respective lawyers with the intention of talking through and agreeing terms. 

 

The successful outcome of any of the above methods will avoid the traditional litigation approach and may determine matters in a faster and cheaper manner. 

This article is written by  Ipek Bekir, Head of Family department at Lester Dominic Solicitors, who is  also a member of Resolution and adheres to the Resolution’s Code of Practice .