Reaching resolution through discussion
Talking Works is an innovative dispute resolution service that offers routes to solutions through discussions in an assessment designed to deliver the best possible process to reach a desired outcome. This includes making use of mediation, collaborative, informal round tables, the use of experts on single/multiple issues, as well as looking at whatever capacity exists between the parties to discuss all or part of the issues directly. An early assessment as to which approach best suits the needs of the case is extremely effective and vitally important. The principles behind Talking Works are based on the following:
- It is less usual for a case to be technically legally complex. The conflict often arises from the state of the emotions.Using a process that allows the real issues to come out and be dealt with constructively, improves the chances of a successful outcome.
- Some cases genuinely involve a very high level of emotion. However, there are a significant number of cases where neither party wants to start a war. These clients do not want lawyers escalating the issues and do not want the legal involvement to cause entrenchment and polarisation. It is not that lawyers would necessarily intend these outcomes but there has been criticism, historically, that the lawyer offers positional advice to the client, with less challenge by way of reality check with the client as to what impact this will have when presented to the person on the receiving end. There is a place in family law for clients being able to acknowledge that they might not like their former partner as much and may not want to live with them but they still want a legal process that does not turn a molehill into a mountain, instead offering a proportionate approach to the real circumstances. These circumstances should take into account the fact that there may not be significant conflict and clients may not want to spend a vast amount on legal fees. An approach based on talking sufficiently to understand what really needs to be achieved, is more likely to deliver what clients want.
- Where there are children, the parents have to adjust from being former partners to co-parents. This is not just the case where children are aged under 18. Parenting is something that for most people lasts a lifetime. The period of co-parenting can be longer than the years the former partners have been together. Using a process that allows the former partners to talk through issues, reaching sensible outcomes, reinforces the success in being able to talk and overcome difficulties, which builds a stronger foundation for co-parents over the years ahead.
- Not every case is suitable for a talking approach. Most are, but not all. It is better to recognise as early as possible which cases are which. For those not suitable, failing to recognise otherwise is only going to extend the time it takes which also increases the fees involved. Sometimes a court application is the effective route to achieve closure.
Where appropriate, other professionals, such as accountants, tax experts, business advisors, IFAs and family counsellors will be involved to achieve the right outcome. Solutions reached through discussion can then be converted into a legal document to provide certainty and security.
What Can Talking Works Do For You?
Talking Works provides better, more long-term outcomes because the parties have themselves been involved in identifying the issues and finding the solutions. Whilst embedded in the family team at Prettys, it is also used in various other types of dispute where discussion can assist. Cases where the Talking Works approach has been used successfully include:
- Family disputes involving children and finances
- Care of children or to give them a voice
- Business or farming disputes between spouses or family members
- Commercial disputes
- Employer-employee disputes
- Inheritance and probate issues
- Land and neighbour disputes
Learn More About Talking Works
If you’re interested in learning more about Talking Works, simply complete the contact form below. Our team will get back to you promptly with further details.