17
Mar
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A Harrogate law firm is offering a new model of divorce for couples wishing to resolve matters amicably between themselves.
Consilia Legal is among just a small group of family law firms in Yorkshire delivering the Resolution Together model of ‘one couple, one lawyer’.
This innovative approach gives both individuals in a separating couple the opportunity to work jointly with one specialist lawyer throughout the whole divorce process. Traditionally, the same lawyer has not been able to act for both parties.
Laura Clapton, Consilia’s head of family law and mediation and a specialist Resolution Together solicitor, said it eliminates unnecessary conflict by giving the same advice to both parties at the same time. She said:
It can be quite transformative when a couple has one lawyer advising both parties, rather than both having lawyers striving to get the best outcome for each of them at the expense of the other.
We act as the joint lawyer for both parties, ensuring that they reach a solution that's mutually agreeable and fair for all. It’s particularly important where children are involved.
Under the Resolution Together model, one lawyer works with both parties to facilitate discussions and provide them with information and advice.
This includes recommending other specialists to assist, for example, with pensions or financial advice. It can also include mediation and arbitration.
Laura explained that the couple must first be assessed to see if their circumstances are suitable for the Resolution Together approach.
She arranges an initial meeting with them both together, as well as individual assessments.
Once she has determined the separating couple are suitable, she then guides the couple through the legal process of separation, helping them formalise and implement their decisions together.
As part of the process, both individuals must give their informed consent to disclose relevant factual and financial information to each other and to Laura.
Laura says not all cases are suitable for Resolution Together, and this is why the initial assessment is important.
However, mediation may still be an option for couples who are unsuitable for Resolution Together. Laura says:
Resolution Together eliminates unnecessary conflict.
The benefits of resolving separation disputes in an amicable rather than adversorial way have long been recognised, with mediation commonly offered to facilitate this. In fact, the Government is currently running a voucher scheme, of which Consilia Mediation is part, offering £500 for every family that goes through mediation involving children.
In addition, changes last year in family law protocol have placed a greater emphasis on noncourt dispute resolutions, with penalties for parties that won't consider this.
Mediation is when the two separating individuals work with an accredited mediator. The mediator acts as an impartial facilitator to help resolve the practical and legal steps needed to achieve a mutually agreeable outcome. Each party would then instruct their own separate lawyers to advise them on any proposals reached in mediation and to implement them.
Laura, who is an accredited mediator and is also qualified to speak to children as part of the mediation process, said:
Resolution Together, meanwhile, takes the conciliatory approach even further. In fact, couples undertaking this new model are often not in dispute at all. Rather, they are working together to achieve a shared goal. Unlike in mediation, the lawyer acts as an advisor and plays an active role in the discussions around what a fair outcome would look like for the separated couple.
Consilia Legal was founded just over ten years ago with the aim of combining quality legal support with a focus on client wellbeing. This included offering a mediation service that puts children’s needs at the centre of dispute resolution. Laura said:
As family lawyers, we recognise that we are supporting people during an extremely difficult time of their lives.
We treat everyone with compassion and respect, and act with honesty, integrity and objectivity to achieve an outcome that’s fair for everyone.
Consilia Legal is based at 12 Station Parade, Harrogate, by appointment only. To find out more about its mediation, divorce and Resolution Together services, please contact Laura Clapton to arrange an initial consultation on 01423 222 220 or email laura@consilialegal.co.uk
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