Ian Walker Divorce Lawyer Photo headshotHow can I find a good divorce lawyer?

I have been a Divorce Solicitor/Divorce Lawyer since I qualified as a solicitor in 1992.

In 2013 I founded my own practice. We now have offices in Exeter, Honiton, Taunton and Weston-Super-Mare. We also have consulting rooms in Bridgwater and Yeovil. We will shortly be opening a further office in Torquay.

When I founded Ian Walker Family Law and Mediation Solicitors it was just myself and a computer. In the space of a little over six years we have grown into a team of nine divorce lawyers/family solicitors. We are now one of the most experienced family law teams in Devon and Somerset.

When marriages break down

The breakdown of a marriage is a sad and emotionally challenging time. Each of the couple will have entered the marriage with the best of intentions. Each will have hoped that the marriage would last. Sadly, too many marriages end in failure.

There are all sorts of reasons for this. Couples grow apart or find that over time they become incompatible. Sometimes one of the couple will become abusive. Sometimes the pressures of life are just too much, and each will pull in different directions.

It is often the case that one of the couple concludes that the marriage has broken down irretrievably before the other. They may have grieved the end of the relationship and made plans to move on before the other is aware. This can mean that when the difficulties come to a head that one of the couple is in a very different place emotionally to the other.

It is not unusual for one or both of the couple to have feelings of anger, betrayal, sadness, grief, depression at the breakdown of a marriage. One or both may well have anxieties about what the future will hold.

Child doing jigsaw - divorce lawyerIf the situation is difficult for the adults, it is often much worse for their children. At least the adults have some control over what happens next. Children are often caught in the middle between parents and have their own uncertainties and anxieties about what the future will hold and why mum and dad no longer get on.

The importance of a good divorce lawyer

Divorce has legal implications. Marriage is a legally binding contract. Ending the marriage involves obtaining a court order – the Decree Absolute. Achieving a clean break or other financial settlement also involves obtaining a court order. These court orders should be obtained.

Where child arrangements are concerned a court order can also be obtained to determine what the child arrangements should be. Such a court order will give certainty, but it is not the best outcome.

The best outcome for children and their parents is that the child arrangements should be agreed between their parents and that these should be reasonable and flexible and where both parents support the child’s relationship with the other parent and the parents work together and communicate well. This is often easier said than done.

When someone chooses a divorce lawyer – they want to achieve fairer outcomes and they do not want to make a difficult situation worse.

A good divorce lawyer should be able to assist their clients to make good choices and to help support them through a difficult time in their lives in a way which is as painless as possible – both emotionally and financially.

What do I need to look out for when finding a good divorce lawyer?

I would say that there are several things that you need to think about when looking for a good divorce lawyer.

Negotiation skills

Going to court over child arrangements or about financial arrangements can be very expensive and never helped anyone get on better with each other.

Most financial settlements are achieved through negotiation. The best arrangements for children are also achieved through negotiation. Therefore, you should look for a solicitor who is able to demonstrate their negotiation skills. Ways in which this can objectively be demonstrated are by the solicitor being qualified as a mediator or collaborative family lawyer or if they work within a team where good negotiation is clearly embedded in the firm’s DNA.

Negotiation choices

It is not good enough in this day and age simply to say that our default position is to make an application to the court and to negotiate – essentially at the door of the court.

In financial cases, negotiation cannot really start until financial disclosure has taken place – but there are choices about how the negotiation might be conducted. The skill of the lawyer is to assist their clients in finding the best process for them.

Mediation

We are supportive of mediation. This involves referring the client to third party mediator (or one of our mediators acting neutrally for the couple) and providing legal advice in support of the mediation process. With mediation the couple will negotiate themselves – but are supported in doing so.

This is a good option but is not the right thing for everyone. Sometimes one of the couple will find the other overpowering and sometimes one or both of the couple will have difficulty saying yes to what is a reasonable final outcome (in part because they are in the habit of saying no to each other). Mediation works best where there is a confidence in each of the couple and they understand what they need and what the other needs and are prepared to make compromises.

Our team includes experienced mediators in both myself and my colleague David Howell Richardson. We encourage the use of mediation by the rest of our team.

Divorce lawyers meetingCollaborative family law

A better process is in our view collaborative family law. This is an out-of-court process – because the couple make a commitment to negotiate solutions without going to court. The collaborative law process proceeds through a series of confidential meetings. The core participants are the couple and their collaboratively trained lawyers. Additional professionals such as accountants or financial planners or child consultants can be brought into the meetings and work with the couple parallel to the meetings in order to assist the problem-solving approach. We think that this is the best process. Both of the couple are supported by their solicitor and disagreements between professionals can be talked through so that the couple are better able to make pragmatic decisions.

Within our team, both myself and my colleague Fiona Griffin are collaborative family lawyers. I was one of the first to train as a collaborative lawyer in Devon and Somerset back in 2005.

Young girl surfing in DevonFinding the best outcome

Progressive practice means recognising that negotiations sometimes don’t get all the way to a final agreement. However, combining mediation or collaborative family law with arbitration is away to bridge any final gaps. Arbitration is another form of dispute resolution where a couple choose to instruct a private judge called an arbitrator to determine any outstanding issues in a way that is legally binding. This process fits well with mediation and collaborative family law.

Both mediation and collaborative family law are talking solutions. This is particularly important when there are children. The best outcome for children require parents to continue to talk to each other. Negotiating and agreeing solutions together should improve outcomes for a couple’s children.

Talking processes can be difficult at first – because of underlying emotions and a lack of trust, but the rewards of success should normally mean that these difficulties should be embraced and overcome (which is why in our view collaborative law is better – because the couple are better supported)

Experience

Experience is important – but is not the be all and end all. Practitioners can get into bad habits or become set in their ways. They may have been reluctant to embrace mediation or collaborative family law because they think that court-based solutions are the only solutions.

A younger solicitor with less year’s post qualification experience may be more committed to progressive practice than an older solicitor.

Nothing should be taken for granted. All I can say is that within my team I demand a commitment to progressive practice from everyone.

The divorce puzzle Panel membership

Family law solicitors are accredited by the Law Society and by resolution. Both have robust accreditation schemes. Having a panel membership is a way of demonstrating expertise and competence. These do not necessarily demonstrate a commitment to progressive practice – but they are a factor which should be taken into consideration.

Transparency about costs

The days are long gone when clients should not expect to have a straightforward conversation with their solicitor about costs.

In 2018 the Solicitors Regulation Authority introduced a requirement that solicitors provide some transparency over pricing. The requirements were limited and only applied to a small number of types of work/processes. It is often hard to find the required information on firm’s websites.

We have always been open about our charge rates. We have always published our base charge rates on our website. Few firms do this. We do not understand why there should be any mystery.

We also recognise that as well as transparency clients want pricing choices. We are very open to working to fixed fees and two other pricing options. Getting fixed fees right is important and this is not something that can really be done properly at an initial meeting. This is because until contact is made with the other party – and there is greater clarity over what needs to be done – and what process will be used to try and achieve an outcome – there are too many unknowns. What we can do is commit that as soon as the situation becomes clearer – we will offer a client a range of pricing choices from proceeding based on hourly rates as well as fixed fee choices.

Meeting with a divorce lawyerClient experience and technology

We recognise that the world around us is evolving and the technology through which we deliver our service is better than it was five years ago and much better than it was 10 or 15 years ago.

We have recently adopted a client engagement tool which also sits on our website. This enables clients to provide us with a lot of information prior to their initial meeting with us. In the past the first half-hour of a meeting with a client would have involved asking lots of questions. This time can now be reduced – so that more time can be spent talking about the issues and options from the outset.

This is just one thing that we do. We do however recognise that some clients want to be able to undertake some tasks themselves – in order to keep costs down. We are very happy to have an open discussion with the client about who does what – when it comes to scoping out the work to be undertaken by us.

Another thing that we do is her that we subscribe to the best family law practice support service – which provides us with an extensive library and database and practice support tools which would have been unimaginable (and completely unaffordable) 15 years or so ago.

Whilst we are happy to share some of what we do in a post – there are other things which we will share with a potential client after they have made contact.

But the bottom line is that best practice for service delivery doesn’t stand still and good family law solicitors/good divorce lawyers will move with the times

Prizes and awards

Some firms invest heavily in public relations and enter the ever-increasing number of awards that are around. These awards are not necessarily judged by practitioners or relevant practitioners and certainly there are many firms that don’t enter or don’t have the time to enter.

As our practice has been growing, we have invested our time in other matters which we believe are more worthwhile – such as achieving the Law Society Lexcel Practice Management Accreditation. This is not an award based on a 1000 word also submission but where our practice is independently audited over two or more days to an extensive standard set by the law society. We would take the view that this is a better measure.

Making the choice

Ultimately you need to find someone that you can work with and have a rapport with.

To assist potential clients, know who we are – we have included on our website short video clips so that you have the chance to meet us on video before you meet us in person. We hope this How can I find a good divorce lawyer article has helped with your search.

If you have more questions about how to choose a good divorce solicitor you can see some common FAQ’s over on this page

If you would like to know more about us and to meet one of our team in person then please use the contact form below.


Contact a Good Divorce Lawyer in our team

 

 

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_MG_5336How successful is family mediation?

It is impossible to know for Non-Legally Aided Mediation. There are no central and independently audited statistics.

What the Legal Aid Agency Mediation statistics show

There are statistics for Legally Aided Mediation though.

The outcomes of legally aided mediations are audited by the Legal Aid Agency. If success is over claimed, the Legal Aid Agency will disallow the success fee that is otherwise paid. If there was a pattern for this happening – then there would be sanctions under the terms of the Legal Aid Contract.

We can therefore say that the Legal Aid Agency statistics are reasonably reliable.

The latest round of statistics have recently been published

Here is a table:Legal Aid Mediation Statistics 2017

The Legal Aid Agency say:

Family mediation can be used to resolve issues to do with children or property and finance following divorce or separation, and the ‘all issues’ category describes mediations which deal with both areas.

The children category consistently accounts for the majority of starts, comprising 64% of all mediation starts in the last year (this information is taken from the more detailed data published alongside this bulletin).

Mediations can either break down or result in an agreement.

Like other areas of mediation, agreements fell following LASPO. They have since stabilised at just over half of pre-LASPO levels (see figure 16).

Mediations in the ‘all issues’ category can reach full agreement, where agreement is reached on all issues, or partial agreement, wherein an agreement has been reached on either children or property and finance, but not both. As such, successful agreements include both partial agreements and full agreements.

Over the last year 62% of all mediation outcomes involved successful agreements. The rate of success varied between different categories of mediation, with the highest proportion of agreements (63%) in the children category (this information is taken from the more detailed data published alongside this bulletin).

What do the figures tell us?

 There is a lot less Legally Aided Mediation taking place than before the legal aid reforms which were supposed to promote mediation: 15000 ish down to around 8000 ish per year (the 2016-2017 were down so far from 2015-2016)

A greater proportion of mediation is about children issues and this is more successful than financial mediation

Success within these figures also includes partially successful. This is most likely to be where children issues have been resolved and financial issues have not.

If around 40% of mediation is unsuccessful – the failure rate for financial mediation will be higher – this is because success includes partial success. What this is most likely to mean is a failure to resolve financial issues but that there has been success in resolving child arrangements. As in my experience many couples tend to focus on one area of dispute, resolving children issues when finances are in dispute tends to be more straightforward.

40% failure rate means that nothing has been resolved at all.

The proportion of successful mediation is no better now than before the legal aid changes – why is this? 64% successful in 2006/7, 68% success in 2007/8, 66% success in 2012/13.  Arguably the previous legal aid rules pulled even more contact cases into mediation.

Lets have a look at success rates in more detail…

There are more detailed statistics published Mediation Stats ChartMediation success statitistics

 

 

 

 

 

 

 

 

 

 

 

 

 

 

These charts are for the most recent full calendar year.

The overall success rate in finance only mediation is only 54%

When both finances and children issues are considered in mediation financial issues are resolved in only 51% of cases. Children issues are resolved in 60% of those cases.

Points to note/Questions

  • To have a legally aid contract for mediation a mediation service needs to have an experienced mediator working in the service and overseeing its mediators
  • Any mediator can undertake non legally aided mediation. Inexperienced mediators are likely to have higher failure rates.
  • If experienced and quality assessed mediators are more successful at children mediation than simpler financial cases – can we realistically think that they will be any better at more complicated financial cases – with multiple properties and significant pensions and other assets?
  • The normal family mediation model is only moderately successful in simpler financial cases – is it really suited for more complex cases?
  • There are a lot of mediations that break down – where to the cases go… largely to Court…where else can they go? which means the cost of mediation was wasted.
  • is a 54%  success rate for mediation in financial cases acceptable?
  • is a 63-ish% success rate in children cases acceptable? More so than finances certainly.
  • The help that mediation provides in successful cases shouldn’t be underestimated – this is a lot of families assisted to find a better way… but …
  • Couples entering mediation are ones where the couple want to mediate, they want to find solutions, and the mediator has assessed that there is a reasonable prospect of success. The failed cases shouldn’t be regarded as hopeless cases. The hopeless cases will already have been filtered out.

Our View

  • Mediation can be very difficult to set up – clients (often rightly) worry about whether the other is truly willing to negotiate, and sometimes they struggle themselves with the idea that they may have to compromise.
  • Sometimes mediation is undermined by solicitors. For example – I had one recent case as a solicitor where my client agreed resolution in mediation and shook hands – yet the other party’s solicitor immediately sought to renegotiate (despite her client having received advice in support of the mediation process). In the end my client paid some more to avoid litigation costs and because he had had enough. The mediator would count their work as a success – but this didn’t tell the whole story. In another case (financial) , as a mediator; I sent a couple off to get legal advice and a pension report and some legal advice. I was contacted some time later to sign the mediator part of the court application. They hadn’t obtained the pension report, but they had continued (unsuccessfully) negotiation via round table meetings and with counsel. The mediation had not broken down when I had last seen them – so why had they not come back?
  • The traditional family mediation model (mediator and clients in a 3 way meeting – with legal advice between meetings) struggles with financial cases and is best suited to children cases.
  • For financial cases it is often better to involve solicitors – but this means moving to a shuttle model with each team in different rooms. As a mediator who is also a Civil Commercial Mediator the different style of civil mediation is better suited to more complex and involved cases – including where professionals are involved. Involving Solicitors means that the mediation is less likely to unravel afterwards.
  • But no mediation can guarantee success. It cannot – because both sides are free to walk away – that is both a strength and a weakness. The voluntary nature of mediation helps because the couple are choosing to find a solution. It is their commitment. But there can clearly be no guarantees.
  • What can achieve 100% of decisions is going to Court! But this is very expensive and divisive. But Court decisions are not necessarily long term solutions
  • What can also achieve a 100% decisions – but at less cost by combining mediation with arbitration
  • Arbitration is another type of dispute resolution where a private judge (the arbitrator) is engaged. Arbitration is a flexible process which is much quicker than Court. There is a lot about it our website.
  • Under our mediation with arbitration scheme – if a mediated agreement cannot be achieved – then the case moves seamlessly into arbitration where an arbitrator (a private judge) makes a legally binding decision. But the process will be less divisive and perhaps 1/3 of the cost of a court process and much quicker – there is much more about all this on my website at https://walkerfamilylaw.co.uk/solicitor-led-family-mediation/mediation-arbitration-scheme/ Many of the benefits of mediation are retained because the couple are also choosing together to arbitrate if the mediation fails. It is therefore a voluntary process with a binding outcome. This has to be the way forward… combining the benefits of negotiation with the certainty that there can be a quick outcome if the mediation fails.
  • But the better model for mediation for finance cases is the civil model – which is purer and less emotive negotiation which involves solicitors better.

Is a 54% -ish success rate for financial mediation acceptable? You can see why people are wary – particularly when money is tight – but Court is rarely the answer. We think that our combination of mediation with arbitration provides the best option.

If you want to see the legal aid data look here https://www.gov.uk/government/statistics/legal-aid-statistics-october-to-december-2016

Should clients be put off  trying mediation?

No – remember overall 62% of cases were resolved. Resolution would have saved clients a lot of cost and should also have preserved or improved family relationships.

But – prospective clients need to be realistic – mediation is no magic wand.

For mediation to work, clients need to fully commit to the process and deliver on commitments made during the process. They must be prepared to have some give and take.

Perhaps also clients need to be more selective in their choice of mediator?

What are the mediators skills and background. Personally I always refer my clients to specific experienced mediators who are either practicing solicitors or who are non-practicing solicitors. But – I think my model of linking my mediation practice to a panel of arbitrators who are known to me is the way to go (although unfortunately legal aid is not available for arbitration – although if the matters still unresolved at the end of a mediation are reasonably narrow then a paper based arbitration can be inexpensive and certainly cheaper than the alternative)

Me – Family Law Solicitor/Family Mediator/Civil Mediator/Arbitrator

I have been a Family Mediator since 1996 and am a supervisor of other mediators. I am accredited by the Family Mediation Council and the Law Society. I am also a Civil/Commercial Mediator and member of the Devon and Somerset Mediation Panel. I am a Family Law Arbitrator (Children Scheme) via IFLA and I am a practicing Solicitor with Accreditations via the Law Society and Resolution.

In other words I am quadruple qualified.

This means I am aware of the pros and cons of all relevant practice models and am well placed to comment.

I have been undertaking legally aided mediation for nearly 20 years. I have my own Solicitors practice based in Honiton but covering Taunton and Exeter. Our Mediation with Arbitration scheme is portable to anywhere within a reasonable travel distance…

But, all this means that I understand how the different styles of practice work – and don’t work – and perhaps also how they can best work together…

Are we the right Family Law Solicitors or Family Mediators for you?

What follows is a short piece which formed the basis of our Advert in East Devon’s Midweek Herald Newspaper in January 2014.

We regularly advertise in the Midweek Herald because it is a free newspaper that is delivered to homes in Honiton, Seaton, Axminster, Colyton, Beer and Ottery St Mary. It can also be found in Sidmouth. Our main office is in Honiton, although we are also able to see clients by appointment at our branch offices in Exeter and Taunton, so the Midweek Herald is a natural place to advertise. As an East Devon resident, Ian has been reading the Midweek Herald for quite a number of years.

Family Law and Mediation Experts in East Devon

Ian Walker has been a specialist Family Law Solicitor since 1992 and a Family Mediator since 1996. Ian has worked for Solicitors Practices recognised as amongst the best in the South West. Ian has a long commitment to good Practice and has served as a Member of the Family Law Committee of the Law Society, which promotes good practice and Law Reform. (more…)