It has now been a couple of years since I attended the Resolution training for the process known as' Resolution together'. This is where one lawyer is able to assist a couple jointly in discussing, and hopefully resolving, any issues arising from their separation.
Having now dealt with various cases adopting this approach, I wanted to share my reflections on this particular way of helping couples.
Firstly, there are lots of benefits. In my experience, these include:
Transparency - The couple agree to share information and discuss various issues openly and between all three of us. They sign up at the outset to do so. This can often maintain or build trust, in situations where this can be easily lost.
Flexibility – we can arrange joint discussions to suit everyone, and be able to make sure that any pressing or urgent issues are discussed and considered together, and without the delay that can sometimes be associated with correspondence passing between a couple. If there might be a sticking point identified, we can arrange a further meeting there and then, with both parties having time to consider and reflect before discussing again.
Clarity of communication – The couple are both hearing the same information and advice at the same time. They can refer back to what has been discussed, having both been present. This avoids situations arising where a couple's positions widen following individual advice which may be based on one understanding of the situation.
Cost - whilst this cannot always be seen as a cheaper option to both parties’ having separate representation, in my experience, the overall cost to the couple is often less than would be incurred in those situations. If a resolution can be found as part of this process, then it is substantially cheaper than what the couple would likely spend in legal costs if they were separately represented as part of a Court process.
Understanding - it often enables the couple to better understand the other persons concerns and views about a particular issue. Sometimes, assumptions may be made about why someone is adopting a particular position or expressing their views in a particular way. Discussing the situation together often helps both parties understand the difficulties facing the other person, and for pragmatic solutions to be discussed.
Relationships – if a couple have children, it can often assist in preserving a healthier coparenting relationship if the couple are able to come to a mutually agreeable way forward.
Is it the right process for everyone? No, it isn’t. However, in situations where the couple instructing one lawyer might not be right, we have been able to also consider ways forward that try and preserve as much of the process of working together as possible. For example, it may be that both parties need some independent advice alongside the process, or, that a second Resolution Together trained lawyer can assist, with the understanding that the parties wish to work together and discuss the situation openly and transparently.
The ‘one lawyer, one couple’ approach can therefore be a very helpful way for couples to discuss the issues that need to be resolved following their separation, in the right circumstances.
If you'd like to see whether Resolution is right for you, please click here to speak to a member of the Family team.
