I am a solicitor and, working in family law, that means that I am a litigator in an adversarial court system that pitches one person against another on a daily basis.  But family law is different from other types of litigation because those people had close personal relationships that may have lasted for many years and often include children.  Even if there are no children, there is likely to be an intertwined network of family, friends and business relationships too.

This means that ‘winning’ a case cannot just be about the best outcome in theoretical or monetary terms if achieving that has left a trail of destruction to family relationships and a disregard for the children who are often caught in the middle.

So how do I manage this dilemma?

The answer is often found in the Code of Practice which, as a member of Resolution, I follow throughout my work.  The Code is set out in full below but in essence, it aims to reduce conflict and keep the needs of the whole family at the heart of my work.

By avoiding unnecessary conflict and giving clear, realistic advice, the benefits to my clients are numerous.  It is often possible to reach concluded legal agreements without the need for contested court proceedings, thereby saving considerable time and cost.  This successful outcome is much more likely if I take and encourage a positive approach to negotiations.

Whilst most of my clients are experiencing difficult relationship breakdowns, my role is not to further polarise those individuals.  By encouraging a focus on the best interests of any children and assessing the long -term consequences of short-term decisions, communication between separated parents can often continue and separating couples can put themselves in the best positions to move onto an independent future.

I am additionally qualified as an Accredited Family Mediator and in this role more than any, see the benefits of maintaining some direct communication, with reduced conflict, wherever possible.  There is often palpable relief when decisions are reached by a couple together in mediation or when a couple can both reflect that they still share the same goals for their children.  Fraught correspondence or unnecessary court litigation will never bring give these ‘wins.’

It is worth adding that there are situations where nothing but court proceedings will do and there can be a wide variety of valid reasons for this.  The Resolution Code of Practice nevertheless remains important as unjustified confrontation, ‘just for the sake of it’ usually means higher costs, longer court cases and more personal distress for my clients.

So if you are looking for a solicitor specialising in family law, find out whether they are a member of Resolution.  Our team at Phillips Law are all Resolution members and if you would like to know more about how our approach could benefit you resolve your family law difficulty, contact me today on 01256 460830 or at [email protected]

Written by Elizabeth Taylor who is a Partner & Accredited Family Mediator at Phillips Law.

The Resolution Code of Practice

I will:

• Reduce or manage any conflict and confrontation; for example, by not using inflammatory language.
• Support and encourage families to put the best interests of any children first.
• Act with honesty, integrity and objectivity.
• Help my clients understand and manage the potential long-term financial and emotional consequences of decisions.
• Listen to and treat everyone with respect and without judgment.
• Use my experience and knowledge to guide clients through the options available to them.
• Continually develop my knowledge and skills.
• Use the Resolution Guides to Good Practice in my day-to-day work.