Good Divorce Week: Promoting a Constructive Approach to Separation

This year’s Good Divorce Week focuses on Resolution’s Code of Practice, as part of Resolution’s Year of the Code initiative. This initiative serves as a reminder of what being a Resolution member truly represents: resolving family matters constructively and putting the family's needs first.

Resolution members are encouraged to avoid inflammatory language, promote open communication, and focus on long-term well-being rather than short-term outcomes.

This approach can significantly reduce harm, particularly for children, and supports families in reaching more sustainable solutions. The widespread adoption of the Code and its endorsement by the courts have played a significant role in shaping modern family law practice.

All Resolution members sign up to the Code of Practice and complete training on how to apply it in their day-to-day work. Associate members support the Code and are encouraged to follow its principles.

In practice, Resolution membership means committing to:

• Reducing or managing conflict and confrontation, including avoiding inflammatory language
• Supporting families to prioritise the best interests of any children
• Acting with honesty, integrity, and objectivity
• Helping clients understand the potential long-term financial and emotional consequences of decisions
• Treating everyone with respect and without judgment
• Guiding clients through the options available to them
• Continually developing professional knowledge and skills
• Using Resolution’s Guides to Good Practice
• Working with other Resolution members to ensure the Code remains central to all aspects of work.

The family court system is currently under significant pressure, with many families experiencing lengthy delays. In recent years, it has not been uncommon for divorce-related hearings to take many months to be listed. This can leave families in a prolonged period of uncertainty, often increasing stress and conflict at an already challenging time.

There are a range of alternatives to court proceedings, known as Non-Court Dispute Resolution (NCDR) or Alternative Dispute Resolution (ADR). These options are often more cost-effective, quicker, and less stressful, allowing families to resolve issues and move forward sooner.

Common forms of NCDR include:

• Mediation, a confidential and voluntary process where a trained mediator helps couples discuss and resolve issues in a neutral setting. This can be particularly beneficial for parents who will need to co-parent after separation.
• Arbitration, a private and legally binding alternative to court, where an agreed arbitrator makes decisions tailored to the family’s circumstances.
• Private Financial Dispute Resolution hearings, which involve a neutral legal expert helping separating couples narrow financial issues and encourage settlement in a less confrontational environment.

Many Resolution members are trained in these approaches and regularly support clients in resolving disputes without court intervention.

The Head of Myerson’s Family Team, Jane Tenquist, is an accredited Family Mediator and an active member of Resolution, known for her constructive, pragmatic advice and down-to-earth approach.

At Myerson, we recognise that not every family law dispute requires court involvement.

We actively promote Non-Court Dispute Resolution where appropriate, offering a more constructive, private, and cost-effective route for families - particularly where children are involved.

Whether you are dealing with separation, financial matters on divorce, or child arrangements, NCDR can offer greater control, reduced stress, and more durable outcomes.

As Resolution members, we work in line with the Code of Practice, prioritising respectful negotiation, child-focused solutions, and the reduction of conflict wherever possible.