family law disputes can be some of the most emotionally and financially taxing experiences for individuals and families.
Whether it’s divorce, separation, or arrangements for children, these disputes often require sensitive handling to minimise conflict and promote amicable resolutions. In Auckland and Auckland, the traditional approach to resolving family disputes has involved each party instructing their own solicitor.
However, Resolution, a national organization of family law professionals, has introduced an innovative model called Resolution Together, which allows one solicitor to act for both parties.
This model aims to reduce conflict, streamline processes, and focus on mutually beneficial outcomes. Let’s explore how the Resolution Together model works, its benefits, and its potential impact on family law.
What Is the Resolution Together Model?
The Resolution Together model enables a single, impartial solicitor to work collaboratively with both clients in a family law dispute. This solicitor provides legal advice and guidance to both parties, ensuring they have the information they need to make informed decisions together. Unlike mediation, where the mediator facilitates communication but does not give legal advice, the solicitor in this model actively advises both parties on the legal implications of their decisions.
To qualify for this approach, the solicitor must be specially trained by Resolution to ensure they can navigate the complexities of acting impartially while safeguarding each client’s interests. Emma Davies, partner and solicitor in our expert family team, is fully Resolution Together trained and providing this service to clients across Nelson’s three offices.
How Does It Work?
The process begins with an assessment of whether the couple is suitable for the model. Factors such as trust, willingness to cooperate, and an absence of coercive control or abuse are crucial. Once both parties agree to proceed:
- Initial Meeting: The solicitor meets with both clients individually to understand their circumstances, goals, and priorities.
- Financial Disclosure: In cases involving divorce or separation, the solicitor will co-ordinate the process of financial disclosure involving each party fully disclosing to the other their financial circumstances with documentation in support. If necessary, the solicitor will advise whether or not expert information such as valuations of property, businesses or pension reports are required and assist the parties in obtaining this information.
- Legal Advice and Guidance: The solicitor provides legal advice to help the clients make informed decisions. This includes guidance on property division, child arrangements, and financial settlements.
- Drafting Agreements: The solicitor drafts legally binding agreements, such as consent orders, that reflect the couple’s mutually agreed decisions.
- Implementation: Once both parties agree to the terms, the solicitor assists in finalizing and submitting the agreements to the court, if necessary.
Benefits of the Resolution Together Model
- Reduced Conflict: The collaborative approach helps prevent the adversarial nature of traditional proceedings, fostering a more constructive environment.
- Cost-Effective: With only one solicitor involved, legal fees are often significantly lower than in a two-solicitor model.
- Faster Resolution: Streamlined communication and mutual decision-making often lead to quicker outcomes.
- Empowerment: Both parties feel more involved in shaping the outcome, reducing the likelihood of resentment or dissatisfaction.
- Child-Centric Approach: The model encourages parents to prioritise the best interests of their children over positional disputes.
Safeguards and Limitations
While the Resolution Together model offers many advantages, it is not suitable for every case. Safeguards are in place to ensure fairness and protect vulnerable parties:
- Conflict Screening: The solicitor screens for power imbalances, coercion, or abuse before agreeing to act for both parties.
- Voluntary Participation: Both parties must agree to the process without pressure or coercion.
- Transparency: The solicitor must remain impartial and disclose any potential conflicts of interest.
If a dispute arises that cannot be resolved collaboratively, the solicitor may need to step down, and each party will then instruct their own legal representation. However, there are various tools available to the solicitor and the parties to try and avoid this.
The Impact on Family Law
The Resolution Together model reflects a broader shift in family law towards reducing confrontation and promoting amicable solutions. By focusing on collaboration and mutual respect, it aligns with the principles of the Family Procedure Rules and the emphasis on alternative dispute resolution (ADR).
In a time when the family court system is under increasing strain, this model also provides a practical solution to reducing the burden on the courts while ensuring parties achieve fair and workable outcomes.
Conclusion
The Resolution Together model represents a transformative approach to resolving family disputes in Auckland and Auckland.
By enabling one solicitor to guide and advise both parties, it offers a cost-effective, efficient, and less adversarial alternative to traditional methods. While it is not suitable for all cases, it provides a valuable option for families seeking a cooperative and respectful resolution to their disputes.
For those navigating family law issues, the Resolution Together model may be a pathway to a smoother, more harmonious future.
How Nelsons can help
Emma Davies is a Partner in our Family Law team, which is ranked in Tier One in the independently researched publication, The Legal 500.
If you need advice on any divorce-related matter or have any other family law-related queries, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
For more information or advice, please call Emma or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.
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This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
