Dealing with disputes between family members always needs to be handled sensitively. As a BCorpTM, we take this seriously and always consider how the way we work with separated couples impacts their ongoing family relationships, especially if they are parents.
A Better Way to Divorce
Going to court should always be a last resort when resolving a family dispute because the adversarial approach it involves inevitably damages relationships to some extent, even when handled as sensitively as possible. Sometimes it cannot be avoided, for example when relations have broken down to such an extent that out-of-court negotiations would be unproductive; or where one party is dragging their heels and won’t co-operate.
Aside from that, we as a team at Stephens Scown always promote out of Court methods to resolving financial issues. Those include the following:
- Supporting clients to attend mediation with their former partner themselves. We give clear, pragmatic advice to enable people to negotiate directly to save costs. We then help them formalise and implement any settlement agreed.
- Accompany our clients in hybrid mediation – this is where for more complex matters or where clients feel uncomfortable negotiating directly, we can attend mediation to help them voice their position. This is a creative and non-adversarial way to work through and achieve an agreed solution which avoids the need for each of them to listen to arguments made against the other by lawyers. It can also be done where the mediator speaks to each party with their lawyer separately and “shuttles” between them to broker a settlement.
- Resolution Together – all of our offices have a specialist family solicitor who is qualified to advise couples who are amicable and want advice on a fair divorce settlement neutrally. By instructing just one lawyer together, it ensures they get the same clear advice at the same time and can share the costs between them rather than each having the separate expense of independent legal advice. It also cuts out the considerable cost of two lawyers corresponding with each other to agree next steps. It is just as comprehensive as the usual process with any expert input from property or business valuers, pensions experts, or tax experts (whatever is needed in the circumstances) as would be the case with separate lawyers and so can be suitable for couples regardless of the complexity of their financial circumstances. What it does require is a working, amicable relationship between the couple as it relies on them being confident they can ultimately reach an agreement.
The Greener Litigation Pledge
As a firm, we have made this pledge to take practical steps to minimise carbon emissions, adopt more sustainable working practices and collaborate with courts and other lawyers to make eco-friendly decisions in how we conduct litigation, where that is necessary.
We as a firm have measured our own carbon footprint over recent years and met our target of becoming operationally net zero by the end of 2025. We continue to strive to maintain that status.
Whether we are engaging in a Court process or an out of Court process that involves meetings between spouses and their solicitors, this all has an environmental impact.
By signing up to the Greener Litigation Pledge, we are promoting wherever possible the use of public transport to attend meetings or hearings and to avoid driving or flying wherever possible, using electronic court bundles rather than voluminous paper files, meeting or attending court online (where that is appropriate) and sourcing our supplies from sustainable sources.
Do get in touch if you are keen to find out more about the BCorpTM movement and promoting a better way of dealing with family cases that balances the interests of people (our clients and their children) and our planet.