Do Lawyers Really Want More Friendly Divorces?
Posted by: Sue Atkins
As many of you will know if you are regular readers I am in the process of divorcing and I run my 6 Week Separation Handling Divorce, Separation and Break- Up Positively and Confidently Coaching Programme and in the week following Norwegian statistics showing that couples who share the housework are more likely to get divorced, and concern over the recent figures indicating a rise in the divorce rate in the UK, the national family law association Resolution are running their first ever Family Dispute Resolution Week.
But is this merely a necessary reaction to the continued push from Government for mediation over court battles, or is Resolution – who represent 6,500 lawyers in England and Wales – finally leading the way forward into encouraging non-adversarial divorce?
Resolution lawyers maintain that they have always been non-adversarial and try to find the least painful route through divorce for their clients. But even if that is true on an individual basis, with many regular family lawyers preferring amicable settlements, the current legal system seems to reward them financially if couples get the gloves off for a full-on court battle.
Is it truly the case that Resolution as an organisation has done enough to lead the way out of the courtroom towards the negotiating table? If so, why has it taken 16 years to publicly publicly promote non-adversarial solutions in this way?