Year of the Code: Calming the storm – a YRes perspective
Family law is distinct from most other areas of law due to the intensely personal and often emotional nature of the issues at hand. Disputes relating to separation and parenting are not just legal problems – they are life-altering events that can have profound impacts on our clients and the lives of their children.
As family practitioners, it is easy to feel like our role extends beyond that of legal representation – and for our clients, we often become a steadying presence in a storm of emotions.
A different skill set
During our legal studies, we are trained in the art of argumentation, critical thinking, and the application of legal principles. However, the skills required to reduce conflict and foster co-operation are not typically part of the curriculum.
Resolution’s Code of Practice and Guides to Good Practice, thankfully, provides invaluable guidance on how family law practitioners can work towards reducing conflict. The Code emphasises the importance of constructive communication, co-operation, and the prioritisation of children’s best interests.
Here are my key takeaways from Resolution’s Code of Practice:
Promoting a non-hostile environment:
Resolution lawyers should strive to create an environment where clients feel heard and respected, managing expectations and discouraging adversarial tactics that escalate conflict.
The importance of empathy and active listening:
Understanding the emotional undercurrents in family disputes is crucial. Active listening allows us family lawyers to grasp the concerns and needs of each party, creating a foundation for constructive dialogue.
Adopting a problem-solving mindset:
Shifting from a combative stance to a problem-solving approach can help us to identify solutions that address the underlying issues rather than just the legal positions. Encouraging ADR processes, such as mediation or collaborative law, can lead to more amicable solutions. These approaches focus on finding mutually acceptable outcomes rather than adversarial win-lose scenarios.
New year resolutions
Inflammatory language can escalate tensions and hinder the resolution process. Why don’t we make it our new year’s resolution to adopt the following?
- Pick up the phone: Sometimes, a phone call can resolve issues more efficiently than an email. It adds a personal touch and can prevent misunderstandings.
- Use names: Let’s stop dehumanising our clients by referring to them as “wife” or “husband“. Naming children involved can remind our clients of the real stakes and the need for amicable solutions. This may foster a more personal connection.
- Avoid combative language: Words like “the other side” can create an adversarial atmosphere. Using neutral language may promote cooperation.
- Use the first person: Take ownership of your communication. Identify yourself and don’t hide behind the name of your firm
- Avoid hard deadlines: Let’s avoid setting hard deadlines which often cause unnecessary stress for our clients and us.
Judicial stance
Recent cases such as Ms X v Mr Y [2023] EWHC 3170 (Fam) highlight the judiciary’s commitment to reducing conflict in family law. Whether that be by limiting the duration of proceedings, focussing on core issues, staying cases until such time that the parties have properly engaging in ADR processes, there is a strong movement towards creating a more constructive and less adversarial environment, in the hope that this will enhance the overall efficiency of the judicial system.
Conclusion
By adhering to the principles outlined in the Resolution Code of Practice and Guides to Good Practice, we can all work towards creating a more compassionate and constructive family law environment, ultimately serving the best interests of our clients, their children and the practitioners involved.
Embracing these approaches not only enhances our professional growth but also helps us move towards a more harmonious and just resolution of family disputes.
Let’s strive to be agents of positive change in our profession.