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Resolution releases research into its current success rate in collaborative law

Resolution (formerly known as the Solicitors’ Family Law Association) is an organisation committed to developing and promoting best standards in the practice of family law amongst its members and amongst family lawyers in general.  Since 2004, Resolution has overseen the development of collaborative law in England and Wales and commissioned research in late 2007 to establish first the extent to which collaborative law has taken off in the country; and secondly the views of both clients and lawyers involved in the process.



Collaborative law is a process designed to resolve family law disputes without going to Court.  Among the key features are:-

(i) Each party is represented by their own lawyer;

(ii) Negotiations are conducted face to face in four-way meetings between the parties and their lawyers;

(iii) The parties and lawyers undertake to negotiate amicably and in good faith;

(iv) If either party does resort to litigation, both lawyers are disqualified from acting in the proceedings.



The author of the research, Mark Sefton, is an independent socio-legal researcher, previously a research officer at the Department of Constitutional Affairs, and a researcher at Cardiff Law School.  The outcome of his research was launched by Resolution on 26 February 2009.



The research has shown that collaborative law cases have increased substantially during 2006 and 2007.  There was an increase of 87% of cases during that period.  Whilst a number of cases in the country cannot be accurately plotted, it is likely that during the survey period over 2,000 cases opened, with perhaps 1,500 having been completed and the rest ongoing.  The parties who have completed collaborative cases were frequently said to be between 35 and 54 with either a degree or professional qualification.  They tended to be economically active – employed or self-employed at the start of the process.  Most cases had children still in full-time education or training.



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