10 Good Reasons Why You Should Choose a Member of resolution – first for family law

A Hand Morgan & Owen Fact Sheet

1. Do you dread becoming tied up in a hostile battle?
   Resolution solicitors encourage everyone to agree that divorces, separations and family disputes are not contests in which there are winners and losers, but are searches for fair solutions. They avoid using language that implies a dispute when no serious dispute necessarily exists. They avoid stirring up personal emotions. They avoid expressing personal opinions about your partner’s conduct. They try to prevent distrust between you and your partner by encouraging openness and honesty from the start. The aim is a fair settlement rather than expensive litigation.
2. Are you worried that you will be swept along on a conveyor belt?
   Resolution solicitors recognize that you may need time to come to terms with your new situation. They will help you achieve a constructive settlement of your differences as quickly as may be reasonable for you. They will advise and guide you, but when decisions have to be made they are your decisions. They will make sure you understand the consequences of any decisions and the effect on any children involved. They will tell you about other services which may be able to help you such as mediation and counselling.
3. Does the resolution way of doing things mean that your partner or his/her solicitor will walk all over you?
   No. It is not a sign of weakness and does not disadvantage you in any way. Your resolution solicitor will take immediate and decisive action when required. The approach is firm and fair. Discussions can carry on alongside court proceedings in case the negotiations do not produce a settlement
4. Is it going to cost you a lot of money?
   Do not be frightened to mention costs when you make contact. They should tell you regularly what the costs add up to and what the impact would be on costs of any decision you have chosen to take. Resolution solicitors are no more expensive and no cheaper than non-resolution solicitors but because they are non-adversarial the overall cost can be less then with those with a different approach.
5. What about the children?
   Resolution solicitors will encourage you and other family members to regard the welfare of any children as the most important consideration. They will explain that your attitude to other family members in any negotiations will affect the whole family and may affect the relationship of the children with their parents. They will try to promote co-operation between parents in decisions concerning children and will keep issues of arrangements for children and finances separate.
6. Are resolution solicitors good family solicitors?
   Membership of resolution is on the basis of a commitment to a Code of Practice and confirmation that the solicitor will try to make sure his/her work is carried out in accordance with the Code. The Law Society recommends that all solicitors dealing with family work should follow the guidelines set out in the Code. Ask your solicitor to let you have a copy to read. The Association provides training for its members on the legal and practical issues of family breakdown and education on its emotional consequences. SFLA solicitors will be able to advise you on all matters concerning your family dispute – whether you will have to go to court, what your rights are, what happens about the home, the money side of things and the children – everything you need to know.
7. What could happen if you don’t use a resolution solicitor?
   You could find yourself caught in a battle between your solicitor and your partner’s solicitor with acrimonious letters going backwards and forwards. This means that any hope of civilized discussions over matters which require co-operation, such as arrangements for any children, goes out of the window. Protracted arguments can lead to long and very expensive court proceedings leaving you bitter, exhausted and poor. The whole experience may affect you for the rest of your life and any future relationships. It may also affect your children and their future relationships.
8. What could happen if you do use a resolution solicitor?
   By dealing with matters in a way which helps to preserve your dignity, encourages agreement and avoids unnecessary litigation, you are more likely to arrive at a satisfactory solution at less cost emotionally and financially. You will not destroy the possibility of dealing with each other in a civilized way over arrangements for the children whatever your differences may be. Agreed solutions are more likely to be adhered to and prove durable than those imposed by a court. The less bitterness around at the end of the whole procedure, the greater the chance of forming secure new relationships and raising well adjusted children
9. So what is resolution – first for family law?
   Resolution was formerly known as the Solicitors Family Law Association and is an association of solicitors started in 1982 whose members believe that aggressive solicitors and reliance on the court process can add to distress and anger on the breakdown of a family relationship. Resolution members abide by a Code of Practice designed to promote a conciliatory atmosphere in which matters are dealt with in a sensitive, constructive and cost-effective way. The Association has an office staffed by full-time personnel. It provides support, guidance and training for its members and is actively involved in law reform, both initiating improvements and responding to proposals for change.
10. How difficult is it to find a local resolution solicitor?
    It is very easy. There are over 5000 members nationwide. You can:
    1. Telephone resolution on 01689 850227 or write to PO Box 302, Orpington, Kent, BR6 8QX with a stamped addressed envelope, or phone 08457 585671 (charge at local rate)
    2. Look in Yellow Pages under Solicitors for the box containing a list of some of the local resolution solicitors in your area

For more information, please contact Julie Wain at Stafford on 01785 211411, or Shani Carr at Rugeley on 01889 583871.

Published on web site - February 2007

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.