One Couple One Lawyer – A Guide to the Resolution Together Approach

Written by Charlotte DeCecco

Today, separating or divorcing couples have a range of non-court options open to them for reaching a settlement in terms of child arrangements, finances and property. These options can be faster, cheaper and generally less stressful than trying to resolve issues in the courtroom.

Along with mediation, collaborative law and arbitration, Resolution Together, also known as One Couple One Lawyer, is one such non-court dispute resolution (NCDR) approach.

What is the Resolution Together Approach?

Resolution Together is a method of working that allows lawyers to work with and advise couples jointly, through a divorce or separation.

This method can only be offered/conducted by legal professionals who have undertaken specialist training, who have assessed and deemed the couple suitable for this approach, and who have agreed/signed a retainer with the couple.

The couple must have given their informed consent to disclosing all the relevant factual and financial information to one another, and to all legal advice being shared.

Crucially, the lawyer who is working with the couple, is not acting for either party individually and may not represent either or both in communications with the court, other than to file any agreed draft order.

Who is Resolution Together suitable for?

This approach may be suitable for those couples whose aim is to reach an outcome together. Generally, those who choose Resolution Together will not be in dispute or conflict with each other.

This approach is not suitable for those couples where:

• There is, has been, or is alleged any form of abuse, capacity or safeguarding concerns.
• There are any issues or concerns around mental/emotional health or substance misuse.
• One party has concerns that the other may be “hiding information” especially about their finances.
• There are more complex areas of the law involved (for example, international jurisdictional issues, international relocation or risk of child abduction).

In cases such as the above, each party may need to take specialist advice and to consider issuing specific applications, making Resolution Together unsuitable as the Resolution Together lawyer cannot act solely for one party.

Why not mediation or any other form of NCDR?

It is important that couples consider which form of NCDR is best for them.

The key distinction between mediation and Resolution Together is that the One Couple One Lawyer approach is an advice-based service. The lawyer provides impartial legal advice to the couple together, on how they can reach the desired outcome.

In contrast, mediators cannot provide any legal advice to their couples, only general legal information about legal processes or what a court might consider. Unlike lawyers, in this context, mediators are neutral facilitators instructed to help the couple to explore potential solutions.

Both approaches involve confidential and legally privileged discussions, but Resolution Together will later require the lawyer to waive that privilege to draft the order for the couple.

It is also important to appreciate that unlike arbitration or court proceedings, the Resolution Together approach does not guarantee that agreement will be reached or that there will be a binding outcome.

Is it possible to change the approach part way through?

At each stage of the process, the lawyer will assess the suitability of the couple for the Resolution Together approach and the appropriateness of them starting (or continuing) to work together.

If issues are raised during the process, such as suspicions about disclosures, then it must be addressed. If it cannot be resolved satisfactorily, then the lawyer will need to consider if the couple may be best suited to another approach or whether they ought to take separate legal advice.

Could this be the right approach for you?

If you feel that the One Couple One Lawyer approach might be right for you, then this should be highlighted at the first opportunity so that it can be assessed by your chosen lawyer.

Additionally, you can find out more about Resolution Together on the Resolution website here – https://resolution.org.uk/looking-for-help/splitting-up/your-process-options-for-divorce-and-dissolution/resolution-together-joint-legal-advice-for-separating-couples/

At Tisshaws, we have three specialist-trained Resolution Together practitioners: Gilva Tisshaw, Richard Adams and Verity Eunson-Hickey. Richard is currently accepting instructions in this approach.

If you are struggling with issues arising from separation and divorce and wish to discuss the range of options available to you, we offer a no obligation initial consultation for a fixed fee of £150 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.