Ep. 29 - What is Resolution?

Tim Whitney: We are very pleased to announce that we have recently won Firm of the Year in the 2025 Resolution Awards. So, what better time to talk about Resolution as an organisation and explain why it's important to clients?

Jen Curtis: We're delighted to be joined by Ellen Wilkinson from our Leeds office and Matthew Saunderson from our Birmingham office. As well as being fantastic family lawyers, they are both committed members of Resolution. Ellen is a founding member of Resolution's Wellbeing Committee and is a past co-chair of the National Committee of Young Resolution. Matthew is a current member of the West Midlands Regional Resolution Committee, and formerly sat on the National Dispute Resolution Committee. They've both been shortlisted for their own individual awards. Welcome, Ellen. Welcome Matthew.

Ellen Wilkinson: Thank you, Jennifer. That was a mouthful. Going through all of the different committees. 

Jen Curtis: Well, it's a reflection of the hard work that you both put into the organisation, I think.

Tim Whitney: So why don't we start off with, Ellen, can you just tell us what Resolution actually is?

Ellen Wilkinson: Sure. So Resolution is, in a nutshell, a community of family law professionals who are committed to supporting individuals, families who are going through separation or dealing with family law issues in a constructive and conciliatory way. It actually started life as a solicitors association very much. It's been going for over forty years now.

But as the years have come on, and as the world of family law has evolved, resolution has also evolved. And, it's now a much broader church made up of barrister members, financial professionals, therapists, and essentially a broad spectrum of people who help people who are separating.

So, it's a well-known organisation and they do a lot of work, which is very broad. From a client's perspective, the cornerstone, I would say, of, Resolution is its code of practice, which all members sign up to follow and is taken very seriously. And I believe Matthew's going to talk a bit more about that later on.

Resolution also does a lot of policy work, including, successfully lobbying for the introduction of no-fault divorce, which involved the removal of blame in any divorce application. More recently, Resolution gave evidence to the Covid inquiry about the impact of the pandemic on separated families. I assisted with that evidence, which was, a big task, but a very, very important one. And they're also leading the way on cohabitation reform. So, reform of the law for couples who live together but are not married.

So, yeah, those are sort of, I would say the two main elements of Resolution. But beyond that, it also helps create networks for family law professionals, which in my view, and hopefully I'll get the chance to talk a bit about that a bit later on, helps clients.

Jen Curtis: Thanks, Ellen. I think it's really helpful to understand that Resolution sort of wears many different hats in terms of, as you say, the policy angle. The way in which solicitors themselves operate and practice family law, and the way in which it sort of builds networks. And yeah, we can definitely explore your thoughts on that as we come on with the podcast. But I wonder if we just step back for a moment and think about the point you made there, about the code of practice and bring you in on that point, Matthew. What is this mythical code of practice and how does it help clients?

Matthew Saunderson: Certainly. So the code of practice really, in my view, is the set of standards to which we as Resolution members hold ourselves accountable. So, if you want to formally have a look, you can Google your Resolution member solicitor, if you have one, if you're thinking about instructing, one can give you copies of it.

Really, it's a list of the expectations which sets out how a Resolution member, expects to act when they're representing you or litigating on your behalf, or engaging in correspondence on your behalf. half. So there's a few core principles which really break down the way in which we are expected to operate. the big ones really are acting with honesty, integrity and objectivity, listening and treating everyone with respect. So in terms of generally how we're approaching, how we listen to our clients and interact with the other side, it's making sure we're doing it in a way which makes sure that everybody can access fairness and justice.

My favourite one, I think the main one is focusing on reducing conflict and confrontation, by mitigating inflammatory language. And for me, that's a really important one, because I think, I came into family law at a time where really there was lots of inflammatory language being thrown around. And with the, huge popularity of emails becoming, mainstream, if we look at law in terms of decades and where it's moved quite quickly in recent years, it's very easy to send emails to other sides, other parties, which really can be quite inflammatory and escalate matters, where really we need to be focusing on resolving issues and making sure that we put our client's needs at the forefront. So, the code of practice really summarises how we need to be representing our clients and engaging with the other side.

Tim Whitney: Thanks, Matthew. I think from my point of view, the code is important because it helps, family lawyers, and as Ellen said, other professionals working with people that are separating, focus on what's important for the clients and tries to prevent a already very difficult process from becoming more difficult. Things like using inflammatory language in emails or in letters from my point of view doesn't help. It only makes things worse. It often antagonises and people then feel they have to reply to that letter. And you start this cascade of sort of correspondence that isn't probably necessary and actually could be dealt with far easier on the phone rather than in correspondence in the first place.

Matthew Saunderson: I agree, and if it helps, I think if you have a relationship. And going back to what Ellen said, Resolution also provides a platform where professionals can get to know one another. I think if you have a relationship or know that they're a Resolution member or you have those core principles in common, it does enable an easier phone call where you can pick up the phone to one another and discuss those issues, which at the end of the day, means we cannot offer a much better service for our clients because we're achieving their goals quicker, with more value at a more cost effective rate. So yeah, I entirely agree with that.

Ellen Wilkinson: I do too, and you know, not to repeat what Tim and Matthew have just said, but language is so important when supporting clients through these difficult situations. And an aggressive letter sent or received at the outset of what we lawyers would call a chain of correspondence gets things off on the wrong foot, and there can be misunderstandings. There can be all sorts of issues that arise from it.

And it's really important to be able to say to clients and helpful to be able to say to clients, let's focus on what the issues are, what you want to resolve, and try and get the person you're separating from on board. 
And if you instruct a Resolution member lawyer, then you know that their focus will always be the best interests of you as the client. And if you have children, the best interests of your children too. We are very much solution focused rather than anything else.

Jen Curtis: And I think building on the point that you make there, Ellen, about language. There's also a timing point as well with some of this, when correspondence is sent the night before a performance that both parents are going to at the school or, emails at five to five on a Friday with an expectation that they will sort of be dealt with and sent out before the weekend.

Again, that is something that can all too easily raise the temperature of the dispute without actually resolving any of the issues or taking anyone any further forward. There's just been further legal correspondence, which has cost both parties money to deal with, but hasn't actually moved the case forward. And I think sometimes sort of having those broad overarching principles to work to, but then also having examples in your just your day to day life of just like, actually, no, not going to send this now, it will be better for you if it is sent at an alternative time.

Tim Whitney: I agree, and the other point I think, that comes across very strongly indicate is that, how a separation, sort of is finalised and unfolds and the impact of solicitors can have a long term, effect on clients and those families. And I think, as Ellen mentioned, those families with children, it's particularly important because this isn't this is different to a normal commercial legal negotiation where you can win and then never have anything to do with that person ever again. If you're a separated parent, then you're going to see that that other person regularly for the rest of your life.

And so the, point in the code about helping clients understand and consider the emotional consequences of, of decisions, I think is, is quite an important one because it's, recognising that this is quite a unique, legal transaction, where you're going to continue to have to work together as parents after it's all finished, which I think is vital.

Ellen Wilkinson: I often say to clients, you need to think about what your life will look like when you never need to speak to a family lawyer again, or you hopefully never do. And judges and courts are a thing of the past. 

And I agree with Tim. I think that section of the code talking about helping clients understand and manage the potential long term consequences is really important because if you're instructing a family lawyer, chances are you're having a really difficult time, and it's understandable that you're focused on how you and you know, others involved in that situation will be feeling right now. And you want to make things better right now. Sometimes you do have to take a long term view or at least consider, whether a different approach will be needed in the long term. And that's, that's something that I think is very, very valuable.

Matthew Saunderson: And I absolutely echo what Tim and Ellen have said there. Again, part of the code is making sure that we support and encourage families to put the interests of any children first. And typically, if we're being instructed to try and assist clients, it's because it's a distress purchase. Something has gone wrong or is going wrong. You've probably got lots of other things going on in the background, whether it's trying to manage drop offs for children, pick ups from school, worried parents, worrying about going to court or police disclosure, whatever it may be.

The reality is it's not just you going through it. It's probably both of you as parents. And part of our job is to make sure that you're being child focused throughout, and making sure that after our involvement as legal representatives, the two of you as parents can make sure you have a really solid foundation for moving forwards after we've been involved and whether that's trust, communication, correspondence, whatever it is. The reality is the impact of what we do as solicitors and Resolution members doesn't just stop after we're done getting you through A to B. The reality is you've got to navigate the rest of your lives together in one way or another.

Jen Curtis: And I think with all of those points that we've made, it's also important to highlight that following the Resolution code still means that as lawyers, you advocate strongly for your clients. You raise legal issues that need to be raised and ultimately you follow whatever legal process needs to be followed to help parties resolve matters, even if that does mean court, where you are inherently in an adversarial, process and there are cases that do unfortunately have to go to a final hearing for a judge to make a decision, whether that's children or financial matters.

But how you conduct those proceedings can just, I suppose, have the edge taken off it and just be dealt with in a much more constructive way, where it is only the legal arguments that are at the fore. It's not the peripheral, it's not the, I want to almost say, name calling. Sometimes that can go on where the emotions have come too much to the fore, and people aren't necessarily thinking about how what they say now can impact on their future co-parenting relationship.

Ellen Wilkinson: Yeah. So as Resolution members, we are still robust on behalf of our client. You know, our clients, we are fearless in our approach and for advocating for them and for when we need to, fighting for them. But it's about targeting that robustness where it actually helps clients and cutting out a lot of the noise that can so easily snowball in these sorts of situations. Taking a step back and reminding clients and other lawyers when needed, that this is about getting each client where they ultimately want to be.

Matthew Saunderson: Absolutely. I think it's sometimes quite difficult to convey that just because we're trying to do things in a softer, kinder way, does not mean that we're not putting our client's position at the absolute forefront. So, as Jen says, there is certainly a time and a place to be clear in terms of fighting for what our client expects and doing so, in a way, it's just making sure that we take out the inflammatory and emotive language, which can escalate unnecessarily.

Tim Whitney: Great. I think one of the things that it's useful just to flag is that Resolution has a large amount of information and resources on their website, which is resolution.org.uk. And there's quite a lot on there when it comes to, explanations around processes, around resources, and there's also a very helpful find a professional. Search that will help you find either lawyers or mediators or arbitrators or financial professionals or therapists in your area who are also members of resolution. So I think just to signpost people to the website is quite helpful.

Jen Curtis: So in many respects, sort of throughout this podcast, we've talked in quite a theoretical way about all the different benefits that working with a Resolution accredited professional can help to resolve family matters in a more constructive way. But I wonder if anyone's got any practical examples? Obviously, being mindful of confidentiality and the like, that might just help to give a real sense to someone listening of how the code works in practice.

Ellen Wilkinson: I've got a practical example and it comes back to what I said right at the start about the networks that we as family law professionals build with other family law professionals. And if a client is listening to this, you might be thinking, well, how on earth does that help me? And the answer to that is because if we know and have experience of working with another Resolution member family law professional, we can vouch for them when it comes to working with them as part of your team and supporting you.

So, for example, a financial advisor who is also a Resolution member. You know that they're a Resolution member, so you know they're on the same page as your Resolution lawyer. Number one. And also, my work in Resolution has meant that I have met and worked with many different professionals, including financial advisors, who I otherwise would not have done based all over the country. So through that, I have been able to recommend people to clients who I know will be a good fit for that client who I know will listen to them, who will support them, who will be robust, which seems to be my favourite word today, when needed. And you can have absolute confidence that that client is in safe hands, and the client can have confidence that everybody is working in the same way and working towards the same goal. So as much as networking benefits us as professionals, above all, it does benefit clients too.

Matthew Saunderson: Yeah. Ellen, I would agree completely that I think Resolution as an organisation really offers a platform for lawyers to both add value for clients in terms of being able to refer fellow professionals for specific issues. I think another thing it does is that it means that when you do have to engage in slightly stronger litigation or actions on behalf of your client, it actually adds a bit more credence and value to it, because I think if you're known as going about your work in a better way and trying to resolve matters amicably and cost effectively, that actually when you're not making any progress and you think, do you know what? Actually we do need to be a bit more old school in terms about how we go about this now then actually, it means that it's more likely to be received. Firstly, in a positive way, but secondly, knowing that you've tried to go about it in as non-confrontational way as possible, and actually you're more likely to get a better outcome.

So I've certainly seen that. So I've got cases where very regularly I will try and be as amicable as possible. But when push come to shove and we do have to be a bit more aggressive in terms of what we're seeking is actually taken at face value. And any lawyers on the other side know where I'm coming from because they know who I am as an individual. They know that I am a resolution member. They know that I undertake work on various committees, and they know that if we're at this point, then it's something that needs to be taken seriously.

Tim Whitney: And there's very good points. And I guess the point I would add is that, clients also benefit from the work that Resolution does as an organisation, both and as you mentioned around the campaigning and whether it's no-fault divorce or whether it's the work that will happen with cohabitation reform in the future, but also around the processes that are available to people. So mediation, collaborative, arbitration, and also the one lawyer two client model, are all pushed very heavily by the work that the Resolution do.

And certainly the one lawyer two client model, which we've done a podcast on already, is a very good example of a model that probably wouldn't have come about were it not for the work that the Resolution did on getting that through the regulators. So I think there's also that side to think about.

Brilliant. Well, thank you, Ellen, Matthew for explaining what Resolution is, for talking about the code of practice and for giving us some valuable examples of why this is important for people going through separation and relationship breakdown.

Matthew Saunderson: Thank you for having us.

Ellen Wilkinson: Thank you.