Why use a Resolution Member Solicitor?

OnlyMums and OnlyDads have no hesitation is suggesting to divorcing and separating couples who can’t reach agreement themselves (or agreement with the help of some mediation) that appointing a Resolution member solicitor is the thing to do. But it is a policy that has brought with it some angst!

From Louis de Bernieres and many others, we get criticised for “pussyfooting” and pandering to the legal profession.

But the point is this. When parents can’t agree with each other over matters like contact arrangements for their children, there is a legal process there to help, and we feel it’s better to go through this process in a non-confrontational approach. Resolution promote such an approach, hence our support for their work. Like most things we do, it’s not rocket science!

Our Directory of Resolution member Solicitors is used daily by our website visitors, and we are proud to continue signposting to solicitors who know that “resolution” is better than fighting!

We asked Resolution to prepare an article for us to tell us more about who they are and what they do….

______________________________________________________________

….For many facing divorce or separation, a trusted lawyer plays an important role in helping them resolve what can often be complex issues involving the care of their children, their home and their finances.

Resolution, the national family law association with 6,500 lawyer and professional members throughout the country, is committed to the constructive settlement of these and other issues.

Resolution members encourage sensitive, cost-effective solutions that consider the needs of the whole family – and in particular the best interests of the children. One question often asked of a new client at the outset is, “when your children are grown up themselves, what do you want them to say about your divorce and the arrangements you made for them?”

Our members follow a Code of Practice that promotes a non-confrontational approach to family problems. The code requires lawyers to deal with each other in a civilised way and to encourage their clients to focus on making fair agreements, creating the best arrangements for the future that are possible.

One of the key ways they do this is by trying to find solutions that avoid having to go to court, because for most people this is the best outcome.

Many Resolution members will offer a free or fixed fee initial meeting to discuss the options which are available to resolve disputes outside of the court process. These may include mediation, where both parties meet with a professional trained in resolving disputes; or collaborative law, where each person appoints their own lawyer, but still meet together, with their lawyer alongside them, to help work things out face to face.

Sometimes, with their lawyer’s help, people reach agreements with each other directly – frequently referred to as ‘kitchen table negotiations.’

By using a Resolution member, therefore, people are more likely to come to an arrangement with their former partners without having to endure the cost, delay and emotional upset to each family member that results from lengthy court proceedings.

OnlyMums and OnlyDads wish Resolution well for the future. As an organisation that works with divorcing mums and dads we know there is a real thirst for more non-confrontational legal services and support.

You can visit the Resolution website here

OnlyMums and OnlyDads have lots of family law information – please click here for more information.

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About onlydads

Single Dad living near Totnes in Devon. I founded www.onlydads.org in 2007 and live with my daughters Priya, 14 and Anya 11. I write about single parenting, work, overcoming trials and tribulations and sometimes not overcoming trials and tribulations.
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2 Responses to Why use a Resolution Member Solicitor?

  1. Pete says:

    This is a difficult post for me to read as one who generally supports fathers in the legal mop up after solicitors have worked their magic on the victims of family law – men and women alike. My challenge here is to consider where these solicitors (resolution members or otherwise) make their money – they are after-all commercial businesses, not charities or publically funded bodies. When collaboration fails, as it often does, it’s back to the adversarial system that is used in the vast majority of cases where there is a difference of opinion. Not that that would ever happen in a divorce! Then we are into a very different world of process that benefits neither party but does the legal system. I’ll stop short of saying much more on this as it’s a very emotive issue. If you wish to provide good advice then it’s for parties to employ the services of an independent counsellor, someone who makes their sole income from collaboration – not from a body that makes it’s income from people fighting and that utilises a voluntary ‘code of practice’ which is superseded by legal obligations to the family courts. One should consider for example that despite the punter on the street paying the fee’s it is still the case that a family solicitor is an ‘agent of the court’ and has legal obligations to act accordingly – that legal practice is not in accordance with resolution ‘guidelines’. One might consider the resolution guidelines as a rather smart piece of marketing spin to drawn customers in. Use an independent counsellor, they gain nothing from parties fighting and are not bound by legal constraints as are ‘agents of the court’. Something tells me you won’t allow this posting, but I hope you will. It’s meant well and in the genuine interests of both parties, and based on extensive ‘real world’ experience f cleaning up the mess left behind by collaborative solicitors.

  2. onlydads says:

    Thanks for the comment Pete – of course I’m happy for this to be posted!
    The point here is that, of course, it has to be best for mum and dad to sort issues like residence and contact arrangements out for themselves. OnlyDads is very clear on this. Sometimes this can be best achieved with some input from a third party – mediator, counsellor, friend, family member…
    …such worked ourt solutions have a very good chance of working in the best interest of all concerned – children especially.

    The point of this post is to say when all avenues have been explored and their remains fundamental disagreement between mum and dad, then what?

    Well the answer is, whether we like it or not, there is a legal framework in place that sorts this stuff out.

    Yes, the system is far from perfect – and by the point mums and dads go to solicitors we have to accept that there may well be a history that means both parties are poles appart.

    OnlyDads suggest at this point (this is what this post emphasises) that going to a Resolution member solicitor, because of their code, is the best route to take.

    As I say, it’s not perfect, there is no silver bullet, and there will be examples of individual solicitors not following the code they have signed up to. But overall, we stand by this advice.

    Hope that makes sense Pete?

    Bob

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