What is Resolution Together?
Resolution Together is a comprehensive client service provided to a separating couple by a single legal professional (or as part of a team co-ordinated by a single professional) for those who want to manage their separation or divorce together. A key feature is that individuals must give their informed consent to disclosing all the relevant factual and financial information required in order to reach their decisions together, to one another and to the legal professional who will be advising and guiding them towards their final outcome/s. It is a legal service provided within existing regulation.
Who is Resolution Together suitable for?
It is suitable for those whose joint aim is to reach an outcome together which meets their needs and if they are parents, the needs of their children. As part of their agreement to work together, they must have given their informed consent to all required disclosure, and they must also agree that the legal professional who is working with them will not be acting for either of them individually and may not represent either or both in communications with the court, other than where it has been agreed that their adviser will file any draft order with the Court on their behalf.
Who is Resolution Together unsuitable for?
It is unlikely to be appropriate for those where there is or has been any form of abuse in their couple relationship or safeguarding or capacity concerns or where there is a significant power imbalance that cannot be managed appropriately. Similarly, it may also be inappropriate if there are or have been issues around mental or emotional health or substance misuse. It would also be inappropriate if one or both individuals isn’t prepared to negotiate with the other, or where either person intends to, or believes that the other may seek to ‘hide’ information especially about finances, and/or where either person feels under any duress to take part. It may also be unsuitable for certain matters involving more complex aspects of the law, e.g. international jurisdictional issues, international relocation or risk of child abduction, or where there may be concerns in relation to public law children matters. Clearly it would be inappropriate for any matter where there is any concern in respect of the potential for an unlawful act (e.g. money laundering or fraud).
Isn’t it just mediation by another name?
It is true that some of the principles relating to Resolution Together are closely aligned to other dispute resolution approaches, such as mediation. However, Resolution Together provides an advice-based service where both clients are able to receive advice, including legal advice on a jointly beneficial basis. Generally, those who choose Resolution Together will not be in a dispute or have a ‘conflict’ as known within law and the professional they are working with must adhere to regulations in respect to conflict of interest/s. Their appointed legal professional will provide advice and may also suggest that advice and assistance is obtained from others as part of the team assisting the couple. The aim is that they will reach a decision that will be recorded in a draft order and the legal professional will assist them to obtain an approved order. Although they will, similar to a mediation, be able to have confidential and legally privileged discussions together as part of their chosen service, they will latterly lift that privilege in order to proceed to a binding outcome together usually drafted for them by their single solicitor/lawyer in the appropriate terms.