Family law
Reducing conflicts in family disputes
During the divorce process, our role as family lawyers is to ensure that a solution is met between both parties. However, amongst high emotions and challenging discussions; we have a further responsibility to resolve any conflict that could hinder divorce proceedings.
With over 15 years of experience in family law, I offer guidance on what important considerations must be made in preventing and lessening conflict in divorce proceedings.
Effective Communication
As a family lawyer, we are a barrier between both parties whilst being the bridge for communication. When representing a client, there can be an emotional dialogue from one party to the other, i.e. through emails or documentation, which we need to receive and share with our client.
If there is anything negative to be shared, it is important to call your client and walk through the situation before sending them any documents. This integral action can help provide understanding, warning, or further context to guide your client with any follow-up decisions they may need to make.
Seeing both perspectives
During times of conflict and the inability to come to a solution, we have a valuable role in helping our client understand the situation from the other party’s eyes. They do not need to agree, but they can become more accepting of the situation and see the benefits of compromise. Coming to an agreement during divorce is not about ‘winning’ but seeking an effective outcome for all.
Reflection Time
From contracts to financial arrangements, there are a vast amount of information for clients to understand during proceedings. At any moment of decision, it is crucial to offer your client time to digest information, enabling them to make more informed decisions with confidence and clarity; especially if there is heightened emotion.
This year, Slater and Gordon launched it’s Take a Breath hub, encouraging our clients to pause and reflect during these challenging moments.
I even recommend solicitors to take time to reflect. We may also face difficult moments, i.e. engagements through the other party solicitor, where we may need a moment to strip away any negativity and deescalate any emotion before acting forward.
Prioritise proactivity than reactivity
Looking ahead can help resolve future issues or conflicts. Take time with your client to review the timeline ahead can help support planning or action on their behalf.
For example, child arrangements, holidays, trips or school plans can all cause difficulties between parties if not addressed in time. Earlier conversations can enable an effective plan to take place.
Seeking all alternative methods before court
Ultimately, we do not want our clients to go to court to resolve their conflicts. We have a duty to try all solutions before considering escalating the situation to court. From mediation, Non-Court Dispute Resolution (NCDR), Private Financial Dispute Resolution (FDR) or arbitration, there are various ways to resolve matters and settle the case outside of course.
