Marketing guide by Resolution

Guide to marketing MARKETING ESSENTIALS FOR RESOLUTION MEMBERS

Resolution PO Box 302 Orpington Kent BR6 8QX

ÂŠ Resolution 2009

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any way or by any means without permission in writing of the copyright holder, application for which should be addressed to Resolution as publisher.

Contents Introduction

Introducing the concept of marketing Branding Identifying your target audience What are your key messages? How to communicate your messages Keep adding ideas to the cause Some useful contacts

1 4 5 7 8 17 18

Appendix 1: Accredited specialists Appendix 2: Collaborative law Appendix 3: Mediation

19 25 35

1. Introduction Resolution has produced this introductory guide to marketing to help members promote their services. It is an introduction rather than a definitive guide. It provides many tips to help you implement an effective marketing communications programme in your region.

Most of this manual is about raising awareness of family law issues in general. The appendices provide tailored information for collaborative lawyers and PODs, mediators and accredited specialists. We have colour-coded the appendices for ease of reference: green for collaborative, blue for mediation and gold for accredited specialists.

The family law “story” provides many opportunities to profile the services our members offer and the value of the Resolution approach (affordable, family-focused, constructive outcomes).

This guide is not intended to be a definitive checklist of things to do, but a springboard for your own ideas. Some of the ideas here may not be appropriate for you and your firm. Be selective – and inventive too. If you have an in-house marketing team enlist their support and expertise.

2. Introducing the concept of marketing Don’t think that to make the most out of the opportunities on offer you have to become an expert marketer. But it is useful – especially if you are going to be working with your firm’s marketing department – to have an understanding of the world marketing professionals inhabit and the language they use. Here’s a quick introduction to the kind of basic principles you may encounter.

Put simply, marketing is the art of getting the right product in the right place at the right time, packaged and priced properly. Marketing communications is the process of publicising the product or service, and promoting its benefits to key audiences in a positive way. Key audiences are those who may want to buy the product, or those whose influence may be beneficial in encouraging others to do so. Of course it is more complicated than that. The table overleaf gives a brief picture of the processes that may be followed in creating a strategic launch plan that helps ensure the effective introduction of a new product or service.

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Phase 1: Goal setting

1. Mission

2. Corporate objectives

3. Marketing audit

Phase 2: Situation review

4. SWOT analyses (see opposite) Output - the strategic plan Mission statement Financial summary Market overview SWOT analyses Portfolio summary Assumptions Marketing objectives 3-year forecasts & budgets

5. Assumptions

6. Marketing objectives Phase 3: Strategy formulation 7. Estimate expected results

8. Identify alternative plans & mixes

Phase 4: Resource allocation and monitoring

9. Budget

10. 1st yr detailed implementation programme

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Marketing terms

In considering how best to promote family law you will come across a number of marketing terms which, like most jargon, are quite simple once demystified. Look out for the following: SWOT analysis

This is simply a grid which looks in the round at your product and its marketplace â&#x20AC;&#x201C; the environment within which you operate. It categorises things into strengths, weaknesses, opportunities and threats. As time moves on, aspects move to different parts of the grid â&#x20AC;&#x201C; what at one stage may be a threat may later provide an opportunity.

Strengths

Weaknesses

Opportunities

Threats

Action points

Take time to consider the SWOT analysis for your current situation. Is it a new start up, well-established or somewhere in between? Strengths may include things like your enthusiasm and commitment. Weaknesses may include lack of real case experience or lack of understanding from fellow professionals. Remember that weaknesses often present opportunities. Use your SWOT analysis to help formulate your marketing communications action plan, applying some of the techniques in this booklet.

The marketing mix

This term describes the tools selected from those available to a business to gain the reaction it is seeking from its target market in relation to its marketing objectives. When marketing service industries, bear in mind the seven Ps:

Price

Place

Promotion

Process

Product

People

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Physical

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This manual mainly focuses on the “promotion” element of the mix. But you need to be aware of – and where possible be in control of – the other marketing mix elements.

3. Branding To ensure that people understand a concept, it is vital that a clear and consistent message is presented. The way in which this message is delivered will reflect on the message and the way it is received. Recognition and understanding will not be achieved overnight. Building brands is a longterm process. But if we all get it consistently right from the start, it will happen more quickly, more cheaply and more effectively.

It is vital that the brand does not get lost in the jargon which lawyers like to use. It must be consumer focused (that’s the jargon marketers use), which means it must be benefit driven. That’s a lot to ask. To present the Resolution brand, we have a number of specially-designed components, including logos and descriptors.

A logo is a symbol which, in time, should carry for an aware public all the positive associations of the brand. This takes time to effect but if the logo is consistently present, its establishment will be more quickly achieved.

A descriptor is a set of words used in association with the logo, which serves to explain and define it until it establishes its own authority. It can also have a tag line or strap line, which often adds a further subjective value to the descriptor.

Action point

Resolution’s mediators, collaborative lawyers and accredited specialists have their own brand identity under which to promote their services. These sub-brand logos are designed to have their own distinctive identity but to link with the Resolution logo and to each other. They are available on request from Resolution’s Central Office. See the appendices for more information on how to use them.

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4. Identifying your target audience There is an old maxim that it is on the seventh time of hearing that people actually decide to buy. It has been suggested that since the advent of cold-calling and unsolicited emailing that has extended to the fourteenth time. Whether either is true, there is certainly value in the philosophy that you need to remind people about good news, as often as you can, in order for it to sink in. It is also true that for many people, good news constitutes only something that is good for them. If, in telling someone something, you cannot identify a benefit which they will derive from it, then it is questionable how worthwhile it is imparting the information in the first place. That really matters here.

Action point

You need now to do two things: think who you know or would like to know who may benefit from your specialist status, or from your collaborative law or mediation services; and think how they would benefit from it. Do these two things and, in marketing terms, you have identified your target audience.You will also have gone some way to defining your key messages.

Largely what we need to do at this stage is to create broad awareness amongst the public at large to create the momentum which will later allow us to more tightly define the key groups we serve. There are various categories of people who you will want to communicate to.You need to focus your effort in targeting those who will deliver you the best returns.

Tips for collaborative lawyers

As your collaborative law POD pulls together its own marketing communications strategy, it is helpful to create the grid that will identify the target audiences and categorise them in a way which makes it easier to identify the most effective and relevant ways of communicating with them.

Define the geographical region you are serving, and the PODs that border it. Liaise with neighbouring PODs to ensure that you don’t duplicate or compete – co-operation brings best results for all. To do this best, appoint someone to sit in on the neighbouring PODs’ meetings to share best practice. If your neighbours resist, they’re not doing it right! Explore the likely age and family profiles for yourself, to see if there is a tighter definition of a likely “key target audience” for your service in your region.

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Internal If you work within a broader context, in a bigger family law firm or in a multi-disciplinary firm, your first important audience is the internal one â&#x20AC;&#x201C; your colleagues who, if they are to utilise and promote your skills themselves, will need to know and understand what you do. Audiences here may include:

Your departmental colleagues Colleagues from other departments who may wish to refer work to a family lawyer with a specialism Colleagues from other branches likewise Receptionists and the marketing team who may be able to provide further guidance on people they know who you could add to your network/target list Senior and managing partners for whom it is important to know that the family team is committed to development and training.

External

External audiences also break down into a series of subsets, depending on the areas in which you are specialised:

Other solicitors The local/regional judiciary Other professionals with whom you come into contact â&#x20AC;&#x201C; for example, independent financial advisors, accountants, social workers, journalists Influencers/referrers such as social welfare charities/social welfare organisations, healthcare professionals etc The business community, via chambers of commerce etc Educationalists, in schools and colleges, who may be affected by the impact of relationship breakdown on children but may not be aware of the legal processes involved and the availability of specialists to help.

Then there is your potential customer base, some of whom are directly targetable:

Existing clients Recent past clients People who have contacted you but not yet instructed you.

Influencers It is not always possible to get to the end user, so it is vital to make optimum use of those who have influence in the decision-making process when it comes to family breakdown. If they can be reached and influenced in your favour, then they can in turn influence your target audience before the point at which they make a decision to appoint a solicitor. List those groups who may be influential as a source of advice for couples facing family issues in your region. For example:

Legal professionals Financial professionals and advisors Medical/healthcare practitioners Educational professionals Religious groups/leaders Help and advice charities

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Action point

As part of your campaign planning you will need to devise strategies for ensuring that each of your audiences are aware of the issues that you want to communicate. Against each heading, write down the names of people you know who you might approach. Make a list and save it in categories as an Access database or an Excel spreadsheet. Once you have created the categorised listing, add to it and keep it up to date. That way, you will have a useable list of people with whom it will be easy to remain in contact.

5. What are your key messages? Once you have identified your audience, spend some time deciding the messages that you want to communicate to them. For example, if you are a newly accredited specialist, you may wish to tell referrers that:

There is now available to them a level of accredited expertise from a professional family lawyer, and that they can now draw on that expertise when the specialist need arises This is the first accreditation scheme of its kind, and recognised as the most stringent test of expertise in particular areas of family law practice As a member of Resolution you commit to adopting a conciliatory approach to family law and that, combined with the specialist accreditation, it offers excellence in service provision You would welcome the opportunity of providing more detail on the scheme and to talk through any aspect of family law which they felt relevant They can contact you for more information, or that you will contact them to see if there is more information they require.

Of course, it could be even better if, instead of you, your head of department or senior partner sends out the letter, proudly championing your achievements. For some referrers, mediators may wish to:

Remind them that, increasingly, alternatives to the traditional routes to resolution are being utilised in family law and that they can now draw on a broad expertise in mediation, locally, when the need arises Tell them that, as members of Resolution you commit to adopting a conciliatory approach to family law and that, combined with the specialist accreditation, it offers excellence in service provision Tell them that you would welcome the opportunity to provide more detail about your services and to talk through any aspect of mediation and other family law services which they feel relevant Tell them to contact you for more information, or that you will contact them to see if there is more information they require.

You may also use the opportunity to remind them of the other services offered by your firm or your department â&#x20AC;&#x201C; never pass up an opportunity to cross-sell â&#x20AC;&#x201C; but remember, present it in benefit terms.

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6. How to communicate your messages Once you know who your audience is, and what you want to say to them, you can think about how to reach them. Contacting your database If you are a newly accredited specialist, or are newly trained as a collaborative lawyer or mediator, then you have good reason to tell the majority of people on your database. It is news, after all. If this is not the case, you may have to look for other “angles” to remind people about your services. Remember, the important thing when communicating with your audience is to identify a benefit for them. This means that what you tell each will vary, according to their specific interests. You then choose the most appropriate vehicle for passing on the information. What might that be?

A memo for colleagues A reception for colleagues in other departments to reintroduce the family team A letter (in a variety of versions) to all external contacts on the list A hospitality event for influencer/referrer groups to reintroduce the team, using specialist status as an excuse A family law briefing to local groups – professional or pastoral – including specialist status as part of it (see the guidelines below) A simple printed postcard, in which the varying expertise of the department is presented and your specialism is included as part of it Change the way you sign letters, court documents etc by adding, for example, “Resolution Accredited Specialist” or “Resolution trained mediator” after your name Group together with other specialists/collaborative lawyers/mediators in your area to run events and/or to create a Resolution microsite (see page 21 for details).

For established specialists, mediators or collaborative lawyers, the success of new colleagues in your team offers the chance to remind people of the extent of your firm’s commitment to excellence. For example: “(Name) is the third member of the family team at (firm) to achieve specialist status under the acclaimed Resolution scheme and joins (name) and (name) who between them can now offer expert advice across a range of specialist areas” or “(Name) is the third member of the family team at (firm) to qualify as a Resolution mediator and joins (name) and (name) who between them can now offer mediation as an option to resolve family disputes.”

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Using the media Advertising There’s nothing wrong with advertising if it is done properly. Most big brands use advertising heavily to create and maintain brand presence.You don’t have the budget to compete, so you must use advertising judiciously, while also creating whatever editorial opportunities you can in your regional print or broadcast media. Some ideas:

Your firm probably already advertises. Where appropriate, ensure that the main Resolution logo and your specialisation appear in the ads. That’s a no-cost way of getting the message across. Please remember that the main Resolution logo can only be used if every family law fee earner is a Resolution member Talk to your marketing department or your advertising agency about making use of the logo – supplied in a range of common formats from Resolution’s head office (see contact details on page 18) – in your advertising material There is strength in numbers and in the same way that Yellow Pages,Yell.com or Thompson directories often feature group ads of Resolution members, you may wish to collaborate with other specialists, collaborative lawyers or mediators in your area to create a panel directory advertisement If you decide to advertise, be careful about what the things you include actually say about you. “The best”, “the first” etc may not send out the right kind of message Ensure that, in selling the concept, in an ad or anywhere else, you focus not on how great you are, but what benefit the service you are selling delivers to those who you want to buy it. Only if you identify a need and a beneficial solution will your advert have impact Look beyond the traditional advertising vehicles.You may wish to take banner spaces on local newspaper websites or display ads in theatre or cinema programmes, or even on hoardings/poster sites and queue media.

Action point

Advertising artwork is available from the Partners Group in York, with whom Resolution has negotiated a rate of £190 to add the relevant contact details into the artwork and re-size it for publication. See page 18 for contact details and the appendices for specific advertising artwork.

Advertising need not be as expensive as you imagine and bear in mind that because you don’t know when your target market is likely to require the services of a solicitor, you need to maintain a regular presence in order to ensure that your name is high up on the list when the time comes. Recommendations will often be key here, so remember that it is easier to recommend someone whose name you know and who is frequently in the spotlight, than to recommend someone no-one has heard of.

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Editorial coverage When thinking about low-cost brand awareness building, most people think of using the media to sell their message. That’s fine, but don’t assume that the media will be falling over itself to do your marketing for you. Editorial coverage – in broadcast or print – is not simply free advertising, as many assume. Here is not the place to explain in detail the dark art of media relations management. However, to provide a sobering perspective, it is worth starting with a quote from one of the world’s greatest ever newspaper magnates, William Randolph Hearst, who said: “News is what someone doesn’t want you to know; everything else is advertising”. If your primary target clients and influencers are local, then the local media is the right vehicle for promoting your stories. Contrary to popular belief, the media is interested in positive stories if they relate to individual or corporate success in the locality. Editorial coverage is not free – because it takes a lot of thought and hard work to put it together, and because it may involve you commissioning professionals to help you put it together. It is not advertising, because it has to be newsworthy and interesting first, rather than simply “selling”. Done well, it is a hugely cost-effective way of getting across the important information you need to convey to your key target audiences. Think through the opportunities, and your strategy for capitalising on them. Then do it, consistently. The appendices contain sample stories. Don’t be limited by these though. Take specific advice and guidance from a professional who can help you capitalise on the potential that exists, and who can help you to identify good stories. Make use of their existing contacts with the local media to sell the story into the paper or radio station. Before even thinking about the story, understand the media you are hoping to approach:

Read your local paper so you know its style and its areas of interest Listen to your local BBC radio station at different times of day, to get a feel for what interests them. Different programmes have different focuses. See which ones you feel would find your stories most interesting and relevant. As a general rule, BBC radio stations are more likely to accommodate your story than are commercial stations, although in some regions you may find otherwise BBC local radio is primarily talk-based radio, and it has a lot of air-time to fill Talk to your Resolution regional press officer who may well already have good contacts with your local radio stations and will be able to offer help and guidance.

For both print and broadcast media, you will need a story. Then you will need to sell it in. Don’t underestimate the challenge. To get published, your story needs to be:

Relevant Local Interesting Timely Newsworthy

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To identify stories:

Look at activities with potential news value. Make a list. Pick the most urgent one and work on it Ask yourself for each – “what is the story?” Why would readers/listeners want to hear it? If you weren’t a lawyer, would you be interested? Tell the story in simple language. Answer the questions – what, who, where, when, how and why Now ask “So what?” If you can’t answer on behalf of the reader, ditch the story Look at anything that could be considered jargon. Replace it with plain English that people will understand Check that the whole essence of the story is in a first paragraph that is no more than thirty words long.

Once you have the idea, you then need to sell it in.You will have familiarised yourself with the local media – now you need to know which journalists to approach.

It is unlikely that your paper has a legal correspondent let alone a family legal specialist. Bear this in mind when putting together your story and selling it in.You will need to explain more than you think. Don’t assume that because they are journalists they know Look out for journalists who regularly have their by-line (their name) against family or social issues. They may be worth targeting Ask your Resolution regional press officer who they have found helpful on which papers, and check if they mind you contacting them See if your firm’s marketing team has its own contacts and do the same.

Then approach the media with your story – not just for a chat. Outline the story, making it relevant to their readers (see above) and see if they are interested, then offer to email some details or meet up. Some tips:

These days, news is more about what is going to happen than what has happened. Where possible, tell your story ahead of the event. It will work better for you and for the journalist Respect their timetable. There are times of the day (for dailies) and times of the week (for weeklies) when they will be too busy to take your call. Check with their switchboard when is a good time to call If you can’t find anyone specific, go through to the newsdesk, at a quiet time. Give them the briefest of detail and ask them how they would like you to provide more information If you say you will get back to them, do so, quickly Delegate broadcast opportunities to someone who has had at least a basic level of broadcast media training. It is not as easy as it sounds when done well, and getting it wrong will reduce the likelihood of you being asked back to do more Remember you are addressing a layman audience.You need to eliminate all legal jargon and explain things in simple terms, always focusing on the benefits of what you have to offer Think up sample case studies to illustrate your point but remember too that it is not appropriate to comment on specific cases, unless they are resolved and already in the public domain.

Remember that a picture speaks a thousand words. A good photograph opportunity can help secure editorial coverage and also draw more attention to a story.

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Stories benefit from pictures, but photo journalism is a whole separate art in itself. Don’t be tempted to get the digital camera out and snap away. Get shots taken professionally, ideally by a specialist press photographer who will know what works for your local paper Look at your local paper to see how good shots are composed. Pictures need people doing interesting, relevant things which help illuminate the story Ask the photodesk at your local paper if they want to send a photographer to an event. Give them an idea of the interesting shot you envisage but be guided by them on what might work better If they can’t or won’t come, ask if they have a professional freelance photojournalist they would recommend you commission.

News hooks for accredited specialists

If you are a newly accredited specialist, your status is worthy of a news story. If you are the fifth person in your firm to be accredited, there may be a “firm” story to tell. Think beyond the obvious. Look for landmarks. How many specialists are there now in your region? Do you top the table across the UK for the most specialists in a city (or the biggest concentration outside London, for example) – Resolution’s central office can provide you with this information. Are you the fiftieth in your area to win specialist status? What does that say about the commitment to excellence demonstrated by Resolution members in your region? As a specialist, perhaps you are well placed to provide a feature article about your area of law to a local magazine, or a section of your local newspaper. If you think this may be interesting, approach the journalist who covers family law topics and discuss the idea with them. It will give you a chance to promote the notion of accredited specialists and the benefits the scheme brings to the paper’s readership. They all provide hooks for stories. Talk to your regional chair or to your regional press officer about it.

Advertorial Advertorial is a half-way house between advertising and editorial, widely used by some types of publication. It links paid-for advertising to “editorial” space. It is a way of guaranteeing what appears very much like editorial, over which you have a degree of control.

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Communicating to special interest groups Seize any opportunity to present the Resolution ethos and the value of specialist skills, collaborative law or mediation to community and special interest groups. Often these groups are struggling to find appropriate speakers and would welcome an approach from you. Resolution has standard PowerPoint presentations, which are available on request from Resolution’s Central Office. This will need to be tailored to the specific audience, and made very relevant to them, their interest and their lives. Here are some general guidelines as to how you might approach things: Understand your audience and your objective Make sure you know clearly why you have been invited/accepted the invitation to make a presentation and ascertain what areas of your expertise the audience is most interested in. You can then gear the talk in that direction, whilst never losing sight of your own objectives. Have clearly in your own mind the three key points you want to get across:

Differentiating Resolution lawyers from others The end-user benefits of choosing a Resolution lawyer The benefits of the scheme or service you are promoting.

Do not be afraid to repeat the key messages in your presentation. Remember the golden rule – tell people what you are going to tell them, then tell them, then tell them what you have told them. Appreciate logistics Ensure you know the audience size, room size and layout, and the availability of support material – PowerPoint, projectors, flip charts and so on – if you need them. Get into the room before the audience if you can, so you can arrange things to suit you and you feel you are in control. Unless the room is very small or the occasion informal, using a PA system ensures you are heard clearly. It is best to practice with it in advance. Alternatively do not be embarrassed to check all is well before you start speaking. Presentation style The audience will dictate the degree of formality you will need to adopt. Remember though that audiences learn more if they are involved in a presentation rather than just recipients of it. Give them something to do, or say, early on so that they get on your side.

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Presentation sequence

Attention grabber. Hit them with a topical issue, or a punch question that is relevant to them or a surprise statistic which will make them sit up sharply and take note. Use a visual to support you if you have something appropriate available – people remember what they both see and hear much better than things they just hear. Pictures, graphic or cartoons are better than words – or for example a press cutting. Introductions. Now introduce yourself, briefly explaining why you are equipped to provide expert guidance on the topic in question. More introductions. Now tell them clearly what you plan to tell them and what they can expect to get out of the talk. They will then know what to listen for.

The content Then set the context:

Legal changes affecting family issues / brief history of mediation or collaborative law Background to Resolution Growth to over 5,500 members Creation of Code of Practice (quote from it) Adoption of the Code and approach by the Law Society Family Law Protocol Praise by legislators and judges Influence in shaping the law Who can join – solicitors, FILEX and family law assistants, as well as members and trainees, retired lawyers, academics and family justice professionals as affiliates How the public benefits (offer the Code leaflet to take away).

Explain accreditation / collaborative law / mediation and why it matters. For example, on accreditation:

A major development in the practice of family and child law, building on the Code of Practice introduced in 1982 Recognition of breadth and complexity of issues Recognition of individuals’ experience and specialist areas Entry criteria How the public and other professionals benefit.

Closing the presentation

Remind them of what you set out to tell them Tell them where they can find out more Draw their attention to the information you have prepared for them to take away Remind them of why it all matters – ideally a local statistic (if not, a national one) which gives indication of how family law issues will touch everybody’s lives Alternatively, give them an anecdote which illustrates the main point of your presentation. That way you provide a personally memorable example embodying your key messages. The example can be composite of your experience rather than relate to a single case – if that helps you make the point better Tell them where to find out more and what further help is available Give them something with contact details on it to take away.

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If possible, get contact details for all those attending so that you can follow up with an email or letter, thanking them for attending and reminding them of where to contact you. Judge carefully whether this is appropriate. It may be better just to write to the person in charge and the one with whom you liaised directly to set up the presentation, depending on the nature of the audience. Bringing people together at a single event Consider, critically, staging a launch or a refresher event. You need to consider what merits there are in a single launch event, and whether you can generate sufficient interest to justify bringing these people together. Again, critical to this process being effective is your ability to identify the benefits that their attendance at such an event will bring to them.

Ask yourself as you formulate your invitation – so what? What’s in it for them? Would you attend? If you decide to go ahead, give one person the authority to direct the whole thing, and accept the tasks they delegate to you If you don’t like an idea they suggest, only challenge it if you can put forward a positive alternative for discussion. Just being negative about other people’s ideas may be easy, but not helpful! Give those who attend something to take away and something to do. Make it simple – not some huge bundle of everything you can lay your hands on Just because someone doesn’t attend, it doesn’t mean they are a lost cause. After the event, contact those you invited but who didn’t attend, and let them know that they missed something really exciting. Offer them another chance to hear about your work in another way.

Creating general awareness In addition to using the contacts that you already have, look for other opportunities to present to the public the messages you want to get across. This may involve overt evangelising – staffing mini-exhibitions in libraries, at the courts, in shopping centres, at Citizen’s Advice Bureaux or in the reception areas of your own practices – and you will have to decide the degree to which you feel comfortable doing this.

Draw up your own list of places where it would be helpful to present the message. Make it a total wish list at first, then refine it to establish where you may actually be allowed/able to present the message Identify which spaces need staffing and which do not. Then delegate responsibility to individuals to explore the viability of favoured sites If you plan to stage events of any kind, invest in good display material to act as a transportable backdrop for your events. Standard designs are available for you to tailor to your own needs and we can help produce artwork and displays for you if you wish If you decide to do your own thing, please consult us with your designs so we can provide guidance to ensure consistency with the brand styling Don’t make display material date or event specific. Keep it general, so that it can be put to the widest possible use Use the leaflets provided, but make sure that you have additional material which gives enquirers your local point of contact for further information

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If you are staging events, tell colleagues and your local press about it, in advance (see dealing with the media section above).

Remember, with all of this, you are building awareness from a low base, so don’t be downheartened if there isn’t an instant rush to buy into your services. Building brand awareness takes a good deal of time.

Mediation awareness weeks

Mediation has the advantage over other ADR routes in that the Government has, in the past, sponsored awareness weeks, across selected regions. It may choose to do so again. They have met with varying degrees of success, but one thing is clear – the process is most effective regionally where people engage and get involved. If the Government do decide to hold an awareness week, Resolution will alert you to this and point you in the right direction of materials and resources. Get involved with other mediators in your region to capitalise on the information and support that is available.

Some tips for collaborative lawyers

Creating brand awareness involves positively presenting the brand at any opportunity. Here are some tips and ideas from the experiences of existing PODs:

At your POD meeting, practise via role play selling the concept of collaborative law to potential clients Offer a free introductory session to clients to explain the options and how collaborative could provide the all-together better solution – accept it may take more than 30 minutes Consider providing a voucher at the first interview, together with a list detailing the contact points for all other POD members. This voucher could offer a free initial consultation meeting with a POD member of their choosing, to encourage the uptake of the collaborative route When advising on likely costs, factor in the cost of the family consultant – as part of the first meeting cost or within a retainer, so that the client doesn’t feel they are paying separately for “counselling” Include the IFAs’ details within a checklist of things to address, so the process is seen as multi-disciplinary from the outset.

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Using the literature provided Resolution has produced a suite of consumer leaflets which outline the benefits of using Resolution members to those seeking professional legal advice. These are available free of charge from Resolution’s Central Office: info@resolution.org.uk or telephone 01689 820272.

The Options leaflet (Divorce and separation: choosing the right process for you): Provides a broad outline of the different processes: court, collaborative and mediation. The Collaborative leaflet: Provides more detailed information on the collaborative process. The Mediation leaflet: Gives information about the mediation process. The Specialist leaflet: Outlines the benefits of using a Resolution accredited specialist. If you are doing a letter/direct mail campaign, enclose a leaflet with the letter. If you are staging events, have copies to distribute to those attending. See if you can arrange for copies to be available in doctors’ surgeries locally or in Citizen’s Advice Bureau offices, hospitals or other places where public information is displayed.

7. Keep adding ideas to help the cause

Building brand awareness is a long-term process.

Remember, marketing is never finished. The same is true for marketing communication. This manual only scratches the surface of the potential which exists. It will grow as “best practice” extends and successful practitioners add their own ideas for the benefit of others. You will think of all kind of ways of getting the Resolution message across to your colleagues, other professionals and influencers, and the public. Doubtless you will have your own additional thoughts, and will know of activities which have worked effectively for you.

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Some useful contacts:

Resolution Central Office

Cardinal House 27 Station Square Petts Wood Orpington Kent BR5 1LZ

Email: info@resolution.org.uk Tel: 01689 820 272

Resolution Communications Team London Office 1 Neal Street Covent Garden London WC2H 9QL

Email: communications@resolution.org.uk Tel: 0203 195 0191 or 0203 195 0190

The Partners Group

(who can produce artwork and advertisements for you) The Partners Group 105 The Mount York YO24 1GY Email: info@partners-group.co.uk Tel: 01904 610077

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Appendix 1: Accredited specialists Making the most of your specialist status Congratulations on achieving Resolution accredited specialist status.Your achievement is significant.You can be rightly proud of being part of a scheme that has won the respect not only of those in the profession but of those outside it – in government and in other professional fields associated with family law. Whether you are newly accredited or have been for some time, it makes sense to make the most of your specialist status. By working with Resolution and others you can publicise your success amongst key groups who will be able to benefit from your expertise. By working together to heighten awareness of the scheme we will enhance its status and value and this marketing manual is designed to help you achieve that. To ensure that the general public too come to understand the scheme and the benefits that working with specialists will provide for them, we set out below some specific pointers on accreditation. There is nothing difficult or cloaked in mystery about promotion – it is simply a case of using tried and tested techniques to extend awareness of the scheme, its value and your part in it. It is by all specialists working together in a cohesive way that we will best achieve that ambitious goal. I am delighted to offer our support and should welcome yours, for this joint marketing initiative. If you have any queries that are not addressed in this guide then please contact me on the email address below or Resolution’s Central office (details opposite). Jacqui Jackson Director of Standards Resolution jacqui.jackson@resolution.org.uk Presenting the brand This is the official and only version of the accredited specialist Resolution logo. It should not be altered in any way.

It must only be used by and/or in reference to members who have been recognised by the accreditation scheme The minimum size to use this logo is 20mm wide. The logo should be reproduced in the Resolution orange colour: PMS 144 C4 M51 Y100 K0 R237 G144 B33 Hex ED9021

This logo is available from Resolution’s Central Office (contact details on page 18). It is for use exclusively by specialists but there are instances in which it can be used on firms’ materials too.

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Firm stationery: You may use the logo on your firmâ&#x20AC;&#x2122;s letterhead and compliment slips provided that it is used in accordance with the rules. These are that:

The specialist to whom it relates is clearly identified on the stationery itself by use of an asterisk or other mark The logo is used in appropriate size with sufficient area of isolation on the page The logo is used in the correct colour as shown above

Where you have a personal business card the logo should be featured. The logo can be used, and reference made to the scheme, in your literature and on your website, again provided reference is made to the individuals who have specialist status. Remember that you should describe yourself as Resolution Accredited Specialist after your signature on letters, emails and court documents. Window sticker This is freely available to specialists to be used around their business premises. Display the sticker on external windows, prominently, and on appropriate internal glazed partitions/windows. Ideally use it alongside the Resolution sticker (if you still have SFLA stickers, now is the time to replace them!). Certificate With your accreditation comes a certificate:

Display it, prominently Use it in packs of information that you send out to influencers, but do it selectively Use it in press material if appropriate

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Setting up a microsite The microsite available to accredited specialists contains five pages: 1. Home – this is your “face to the world” where everyone going to your website will land first. Here you should have a one-sentence explanation of who you are and what you do, with a brief (one sentence) summary of the subject(s) in which you specialise. 2. About us – this is for more detailed information about who you are. Don’t just list all the accredited specialists in your area but instead write a few (no more than four) sentences about who you are, what being a Resolution accredited specialist means, why you have chosen to specialise etc.You could also have articles or information on your area(s) of specialism. 3. News – This is for your press releases or relevant news stories on your specialism. 4. Events – Details of upcoming meetings, events etc. 5. Contact Us – Here you should have contact details for all the accredited specialists. involved in the microsite, with details of their specialism. To set up a microsite, or for further information, please email info@resolution.org.uk A few tips:

Remember that keeping internet-based marketing tools up to date is essential Designate someone with the right skills and resource within your area to take responsibility for updating the site constantly Regularly test any links you feature in your site – external web addresses often change, and broken links will give the impression that your site is out of date Make sure you use the accredited specialist on your site, and keep in line with the branding guidelines Publicise the website in everything you do. A beautiful website is no good if no-one knows it exists, or how to find it.

Advertising artwork Artwork for these ads is available from the Partners Group in York. See page 18 for contact details.

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Template press release

News release NATIONAL ACCLAIM FOR <<REGION>> LAWYER

21 February 2010

The skills of a <<region>> lawyer have been recognised by the UK’s leading family law group – Resolution. <<Name>>, family lawyer at law firm <<firm name>>, has recently gained Resolution accredited specialist status. <<Name>>, who has been qualified for ten years, undertook her law degree at the University of <<......>> and her Legal Practice Course at <<.......>>. She previously worked at <<previous firm name>> before joining <<current firm>> in <<date>>. <<Name>> has passed her examinations in <<subject>>, and in <<subject>> to gain her specialist status under the Resolution scheme. Originally set up in 1999, the scheme is designed to help people who are facing family breakdown to make an informed choice when deciding which lawyer to appoint. To become a Resolution accredited specialist, lawyers have to agree to uphold the ResolutionCode of Practice and to have passed a written test demonstrating a breadth of knowledge of family law issues and specialist knowledge in at least two areas of family law. <<Name>> is one of a growing number of <<region>> lawyers to achieve Resolution accreditation. She comments: “As a Resolution member, I am committed to encouraging a non-confrontational approach to resolving family disputes. That way, both the emotional and financial costs of divorce or family breakdown are minimised for those involved. “Now, by choosing a Resolution specialist, individuals can be assured that they are being advised by someone who has a wide knowledge and experience of family law, and has the qualifications to demonstrate it.” ENDS Notes for editors Resolution is an association of over 5500 members who are committed to promoting a nonconfrontational atmosphere in which family law matters are dealt with in a sensitive, constructive and cost-effective way. It sets high standards of good practice in family law and runs an accreditation scheme for specialist family lawyers. For further press information please contact: Name/ contact number

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Presentations When you make a presentation to colleagues, other professionals or possible referrers, look at the guidance given at page 13-14 and consider using the following tips. Explain briefly that:

Resolution is an association of over 5500 family lawyers committed to resolving disputes in a non-confrontational way who abide by a Code of Practice (have copies available) Resolution offers training and publications for family lawyers, and campaigns for reform of family law and procedure.

Describe the development of the Resolution accreditation scheme:

The scheme was launched in 1999 when Resolution had started to gain a reputation as the voice of family law Membership of Resolution is not an indication of expertise in family law but rather a commitment to good practice The Law Society decided to set up a Family Panel which was set at a level to establish basic competence Resolution decided to offer a more advanced and more specialised scheme which would: a) Offer other professionals and the public a reliable means of identifying practitioners who are recognised as having special competence in the area of family law and practice and who act in a constructive and conciliatory way, in accordance with Resolution’s Code of Practice. b) Provide an incentive for practitioners to reach and maintain higher levels of competence in the practice of family law. c) Encourage improvement in the quality, management and cost efficiency of legal services. The Legal Services Commission has recognised the quality of the Resolution scheme and has awarded an increase in the rates of pay for publicly funded work to those on the Resolution panel. This has led the Law Society to introduce its Advanced Panel. Include the number of Resolution specialists nationwide – contact Resolution’s Central Office for the latest figure.

Describe the entry criteria:

Resolution member Five years qualified 550 hours of family law

Describe the assessment process:

A core assignment testing knowledge on the broad principles of family law and two portfolios testing knowledge and experience from thirteen different specialist areas of family law: Adoption Advanced financial provision Advocacy (children) Advocacy (finance) Child abduction

Children Law Cohabitation Domestic abuse Emergency procedures in financial and property matters

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Financial provision for children Insolvency Pensions Forced marriage and honour based violence

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Other tips for your presentation:

Explain what your specialisms are (and perhaps how many specialists and what other specialisms are available locally) and how that might benefit anyone in the audience or anyone they know or might refer to you Tell them that the Legal Services Commission, the largest purchaser of legal services, regards accreditation as a major quality mark and is awarding its contracts on the basis of how many accredited specialists there are within the firm Explain how to find Resolution members and Resolution accredited specialists in other areas on the ‘Find a member’ section of the Resolution website (www.resolution.org.uk) Give them the ‘Taking the Right Legal Advice’ leaflet and your name and contact details

A sample letter for those who might refer clients to you Here is a sample letter you could use to send to: Other legal professionals who are not accredited and might, on occasion, need to refer a client for a discrete piece of specialist advice (NB: you would need to amend the template accordingly and refer the client back at the end of the discrete piece of work) Finance professionals and advisors Medical/healthcare practitioners Educational professionals Religious groups/leaders, CABx and other help and advice charities HR managers Other key community members

Dear I am writing to you because sometimes you might be asked to recommend a lawyer to deal with a family problem. People going through the most stressful period of their lives are often required to place their trust in a complete stranger and they may know nothing of his or her abilities. When family problems are the issue, the most important consideration is that the chosen lawyer has the right approach. I am a member of a family lawyers organisation called Resolution which encourages everyone to agree that family disputes are not contests in which there are winners and losers, but searches for fair solutions. I enclose a copy of our Code of Practice which all members are required to abide by. Resolution accredits specialist family lawyers who have a proven track record in family law and specialism in particular areas of family law. The accreditation process is rigorous in order to maintain the high standards which Resolution believes the public should expect. I am a Resolution Accredited Specialist Family Lawyer and my specialist areas are …………………………. and …………………… . If you would like to meet me to find out more, please do not hesitate to contact me. Yours sincerely,

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Appendix 2: Collaborative law Introduction Collaborative family law is an exciting new idea in the UK. It is growing rapidly and looks set to revolutionise for many people the way in which family issues are resolved. To make the most of the scope for promotion that the new concept offers, it is vital that collaborative lawyers and their supporters adopt a cohesive, co-ordinated and consistent approach to the messages they send out about the practice and its benefits. This guide aims to define the parameters within which collaborative law can best be “sold” to a public suspicious of new ideas, and suspicious of family lawyers and their motives. It endeavours to identify key target audiences and routes for approaching them, as well as provide a range of support material for PODs and individual practitioners to use in their own campaigns. Sarah Lloyd ADR Director Resolution sarah.lloyd@resolution.org.uk Encouraging colleagues It is important that collaborative family law is presented to the legal profession as one of a number of solutions in a portfolio offered under the Resolution banner. Whether or not colleagues wish to train as collaborative lawyers, they need to be fully aware of the option it offers, and encouraged to make referrals where and when prospective clients specifically request it. On this basis PODs and practitioners should: Inform colleagues in their own and other practices of the benefits of collaborative law In multi-disciplinary practices, ensure that solicitors in other disciplines are aware of the approach, as they themselves may be good sources of referrals. This in turn should be used to better position the family team within the firm as one at the forefront of innovative practice.

How to do it?

Stage collaborative-specific briefings for colleagues within your department and beyond Remember to ensure that you promote the benefits – to the end user and to the firm – of the approach you adopt Remember to ask them to do something at the end of the presentation. It may be just taking away two copies of the “options” leaflet with a pledge to hand one to a colleague who didn’t attend, or it may be a commitment to put you in touch with others who may be interested, within other departments or other firms If someone makes a pledge, make a note to ensure they keep it. It may feel like you are being pushy, but it is just networking, and you are simply asking them to keep a promise – no need for you to feel uncomfortable.

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Keep up the pressure – subsequently update attendees, by email, by letter or by follow up presentations. When you complete successful cases, selectively notify colleagues of your success, and remind them of the need for them to be vigilant about new opportunities on their behalf. Remind them that you are among a pioneering group at the forefront of a new approach, and that this in turn gives kudos to the firm Encourage others to register for training. This is something which the North Eastern POD has pioneered with a commitment by all those involved to approach three other solicitors, not from their own practice, who they think may be well suited to collaborative law. The draft letter which forms the basis of their approach is available below. Borrow and adapt it for your own group Before you do this, check when the next available training programme is, so that you don’t set up false expectations of speedy delivery. Don’t be embarrassed about applying the “buy now while stocks last” approach. Be inclusive – invite colleagues who you think might be suited to collaborative practice simply to come and sit in on POD meetings. They will be won over by your enthusiasm Formulate your own “exploding the myths” document or presentation which collates all the objections and misunderstandings people express in resistance to collaborative law, then debunks them When you have done this, share the ideas with neighbouring PODs, and build their own additionally encountered myths into your own material.

Targeting other influencers The best way of extending the message is via people you already know. At your next POD meeting: Under the headings above draw up a list of known potential contacts Review what might constitute the best approach sequence for each of them Letter Meeting Preliminary phone call Offer of presentation/talk Offer of/request to display leaflets or posters or stage displays Group them according to approach, so you get the best returns from the effort you put in Set a timetable for contact Establish a database (simple excel spreadsheet is fine) to chart contact Include notes on the database as to what the next action is – then action it! Each time, as you make contact, ask the person with whom you are in contact who else they think may be interested in collaborative law, so that they effectively spread your network for you Add the new name to your list Report back on what works and what lessons you learn, so that we can all share best practice Think through where you would like your leaflets to be distributed, and get them out there, unashamedly If you overprint leaflets with localised contact details, consider including all current POD member details, rather than just the details of your own firm. The collective benefit makes sense Ask who in your POD hasn’t yet done a real case. The next time you get a case, hand it over to one of those who hasn’t done one, so the pool of experience grows. The shared experience really is a beneficial investment. If in doubt, ask the South West – they adopted this inclusive approach, and it worked.

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Marketing materials Resolution’s toolbox of marketing materials for collaborative lawyers is developing all the time. The first port of call for all collaborative lawyers and PODs should be the ADR documents page on the members’ section of the Resolution website (www.resolution.org.uk/members). This contains useful information on the process of collaborative law and guidelines on setting up and running a POD. In addition to this, you also have: 1. A universally recognised “brand” for collaborative family law 2. A sample letter to introduce a lawyer to the process. On page 30 of this guide and available to download from the ADR documents section of the member’s website. 3. A sample press release for the establishment of a POD. On page 31 of this guide and available to download from the member’s website. 4. Key questions and answers on collaborative law. On page 32 of this guide. 5. Sample case studies/ testimonials. Available to download from the member’s website. 6. PowerPoint presentation on collaborative law. Available via the members’ pages of Resolution’s website, this presentation aims to introduce the process of collaborative law. It can be adapted to suit your audience. 7. A guide to POD launches and re-launches by Roger Bamber, available to download from the member’s website. 8. Divorce and separation: choosing the right process for you leaflet. See page 17 for details 9. Finding solutions together leaflet. See page 17 for details. 10. POD microsites. Since mid 2008, all PODs can create their own microsite (a mini website) which is available as an extension of Resolution’s own website. See page 29 of this guide. 11. Alternatives to Court pages on Resolution’s website. Resolution’s website contains a dedicated “alternatives to court” page at www.resolution.org.uk/alternatives_to_court, with information about the process of collaborative family law (as well as mediation), and contact details for all PODs in England and Wales. 12. Collaborative family law research. In 2008 researcher Mark Sefton of the Nuffield Foundation was commissioned by Resolution to undertake a research study into collaborative family law. The report, which was published on 20 February 2009, is available on request from Resolution or a summary can be downloaded from the Resolution website at www.resolution.org.uk/media_centre

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Branding Logo and descriptors for collaborative family lawyers

Logo specifications: Font – Bliss “collaborative” = bold, “family lawyer” = non-bold Colour reference: Warm grey: PMS 8C C48 M45 Y55 K13 Green: PMS 583C C32 M23 Y100 K1

Use it – but check with us first The artwork for the logo is available from Resolution’s Central Office (info@resolution.org.uk) Apply it to your own materials, but do it in a way which does not compromise its design When you use it, give it space to breathe. Don’t cram it in or run it to the edges of pages. Let it have space – preferably white space – around it to give it impact Bigger isn’t always better. Often “subtle” is stronger You can use it in black and white, or in the correct greens, but please don’t use it in other colours, and please don’t stretch it or distort it in any way. Consistency is vital. Who can use it? Anyone who is Resolution trained in collaborative family law Associates in the collaborative process – as long as they apply it using the guidelines provided, and they receive approval on its application by Resolution before use

How is it used? Only in the proportions presented here – it may not be stretched or condensed or otherwise distorted Where used alongside the Resolution logo, it should be similar in size, so that neither logo dominates the other Only in its presented configuration – you cannot delete sections of the logo and namestyle for your own purposes Only in the colours shown.

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Where might it appear? On your letterhead, alongside the Resolution logo On your business card and other stationery On your firm’s literature In your advertising In your reception or your “shop window” On promotional display material On event invitations and follow up material Across all training material In presentations For approval on your use of the logo, prior to printing, submit artwork to: Resolution Cardinal House 27 Station Square Petts Wood Orpington Kent BR5 1LZ Tel: 01689 820 272 Email: info@resolution.org.uk Online marketing The internet is a vital tool for communicating and promoting your POD. Some PODs have their own websites and some have taken up Resolution’s microsite service. Blogs and online social networking, such as Twitter and Facebook, are also a growing way that people are marketing themselves and their products. Setting up a microsite The microsite available to PODs contains five pages: 1. Home – this is your “face to the world” where everyone going to your website will land first. Here you should have a one-sentence explanation of who you are and what you do, with a brief (one sentence) summary of collaborative family law 2. About us – this is for more detailed information about who you are. Don’t just list all your POD members, but instead write a few (no more than four) sentences about who you are, what being a collaborative lawyer means, why your POD exists, and what being a Resolution member means.You could also have articles or information on the CFL process for prospective clients 3. News – This is for your press releases or relevant news stories on collaborative law 4. Events – Details of upcoming meetings, events etc 5. Contact Us – Here you should have contact details for at least one member of your POD To set up a microsite, or for further information, please email info@resolution.org.uk

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Whether your POD has a website, a microsite or a blog, keeping internet-based marketing tools up to date is essential.

Designate someone with the right skills and resources within your group to take responsibility for updating the site constantly Regularly test any links you feature in your site – external web addresses often change, and broken links will give the impression that your site is out of date Make sure you use the collaborative family law logo on your site, and keep in line with our branding guidelines Publicise the website in everything you do. A beautiful website is no good if no-one knows it exists, or how to find it.

A sample letter to introduce a lawyer to the process Dear Developing the collaborative approach in <<region>> You may recall that when we last met/spoke, I mentioned the growing interest in collaborative family law in our region. Following the success of the collaborative approach across the country there is now a real momentum gathering in <<region>>. The <<POD name>> group, which meets regularly, totals over twenty trained collaborative practitioners and a number of us are already involved in live “collaborative” cases. I have absolutely no doubt that the appeal of collaborative family law will grow, and prove the first choice approach for many couples. Clearly, it needs a particular kind of family lawyer – one committed to the Resolution ethos – to make the process successful. Equally, it needs sufficient practitioners in an area to make it viable – it doesn’t work if one party has a collaborative approach and the other doesn’t! It is with this in mind that I am writing to you, to see if you would be keen to add collaborative practice to your skills set. The <<POD name>> group is now actively seeking like-minded solicitors to create the critical mass which will enable us to actively promote the option to couples and families in our area. I would welcome the chance to meet up with you, perhaps over lunch, to talk through the idea in more detail and to outline some of the benefits that I feel training in collaborative law offers. Alternatively, you are more than welcome to come along to one of our update sessions, to meet other collaborative lawyers, if you prefer. Do give me a call with your comments. I very much look forward to hearing from you and working with you in the future. Very best wishes. Yours sincerely, Name

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Sample press release for the establishment of a POD

News release AN ALTOGETHER BETTER WAY TO DIVORCE

Couples in <<region>> are being offered a new way to divorce. Local solicitors are pioneering a revolutionary approach which helps reduce the emotional cost on couples and their children when families split. Instead of dealing through solicitors, the new approach, called collaborative law, involves couples working with their solicitors, all together in the same room, to reach agreement without the need for costly and stressful court battles.

To launch the scheme in the region, one of the UK’s leading collaborative law experts, <<speaker name>>, will explain the benefits of the collaborative approach in family disputes at the inaugural meeting of the <<number>> strong regional group. Local family lawyer <<name>>, mediator and collaborative practitioner, will join him/her to discuss the practicalities of the process. The meeting, on <<date>> at <<time>> at the <<venue>>, is open to all professionals involved in family issues, and to members of the public.

“Sadly, family breakdown is a fact of life,” explains Resolution spokesman and trained collaborative lawyer <<POD spokesperson>>. “As members of Resolution, a 5500-strong group of family lawyers, we commit to minimising the financial and emotional pain it causes. We do this by adopting a conciliatory approach which puts the needs of any children involved first. Collaborative law is a natural extension of this idea. By all sitting together, we ensure that couples stay in control of their own futures, instead of leaving decisions to a judge in a courtroom. “It takes a certain kind of couple, and a special kind of lawyer – one who is focused on solutions rather than confrontation – to make it work. Where it has been practised elsewhere in the UK, it has achieved remarkable results. We are confident it will here too.”

Notes for editors: Collaborative Law is a new approach built upon mutual problem solving. Both parties and their lawyers pledge to work together to negotiate an agreement without going to court. If an agreement cannot be reached, and court is seen as the only solution, the lawyers involved cannot act for either party in the subsequent court case. This means that everyone involved (including the lawyers!) have an incentive to settle the case. Resolution is an association of 5500 family lawyers committed to a non-confrontational approach to resolving family disputes Currently there are <<number>> lawyers in the <<name of region>> region who have trained in this process and together they have formed a new body called the <<POD name>> More information on collaborative family law is available from www.resolution.org.uk

************************ For further press information please contact: Name Contact telephone number Email address

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Tough questions to consider... and answer

Explain simply what collaborative law is and why it is better For some couples, in some circumstances, the collaborative approach may not be “better” – it may not be the best way to deliver the best solution. But we are finding that, for many, its holistic, inclusive, co-operative ethos provides the very best scope for couples to reach agreement, and move on. Let me explain the process and see if you agree. (See the collaborative law leaflet).

If this is so good, does it mean that you lawyers have all been getting it wrong all this time? Far from it. There are many excellent lawyers out there who are not collaborative trained but who limit their practice to other more traditional techniques. These techniques may well be the most appropriate in some cases. Good practice evolves, and collaborative is one more option which is proving to provide the very best approach for many families – especially those who like to maintain control over their own situation and who recognise the healing benefits to be gained from jointly reaching agreements.

Isn’t this just another way of lawyers making more money? No – it is actually an alternative way of resolving disputes. Of course lawyers get paid for their professional expertise, but they charge no more or less for working collaboratively than they do for working in a more traditional way. What good lawyers do is help find the best solutions, most cost-effectively. Many are increasingly recognising that the collaborative approach does exactly that.

Is it cheaper? Often – but not necessarily. Every divorce is different and sometimes it is hard to compare what something might have cost if an adversarial approach, for example, had been adopted, instead of the collaborative approach. Many cases do demonstrate the cost-savings to be achieved by all sitting round a table together talking through solutions, rather than competing via adversarial solicitors for supposedly “the best deal”. Those who adopt the collaborative approach quickly recognise that the best deal is not necessarily the cheapest one, or the one in which they end up with most material things. Factor in the emotional as well as the financial cost, especially where children are involved, and the question of “cheapness” simply doesn’t apply.

Great idea – but who needs a lawyer to do it? Marriage is a legal commitment. Divorce is a legal process, and it needs to be legally untangled. Lawyers have a role to play in this process, whatever technique a couple choose to use. One of the things that makes the collaborative approach so special and effective is that it does not involve only lawyers. It is an inclusive process in which financial advisers and even life counsellors are brought in to work together with the family and the lawyers, to agree the best holistic solution. It not only needs a lawyer to be involved – it needs two very special lawyers, each wholeheartedly committed to reaching agreed solutions co-operatively.

Another nonsense touchy-feely namby-pamby idea from the States – the nation that brought us the pet psychiatrist! In fact, Canada, as much as the US, is in the vanguard of collaborative family law development. But that’s beside the point. Here in the UK, the practice has developed in its own way, to meet the British requirement. It is true – the process does eliminate the macho adversarial approach which may have typified divorce some twenty years ago. That’s a good thing. Don’t dismiss it as “touchy feely”. Instead, acknowledge that it is in response to the significant proportion of divorcing couples who want to see fairness, and who recognise that emotional welfare has its place alongside financial welfare when

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marriages break down.

Can’t the richer of the protagonists just get a better lawyer? It’s the wrong question. Couples who adopt the collaborative approach recognise that they both want the best advice to reach the best solution for all involved. By working together with two lawyers, and financial advisors and counsellors where appropriate, they are best positioned to find the best resolution. Approached in the right way, it is as close to everyone being a winner as it is possible to get when marriages break down.

What if I don’t like it once I get started? Hopefully you will go into the process with the full knowledge of what is involved. Don’t think it is an easy route – it will be hard, but the alternatives are hard too. Of course, if you find the process does not suit you, or is not delivering what you wanted, you can withdraw. You are in control. It will mean you will both have to find new lawyers though, because, as part of the process, your collaborative lawyer signs an undertaking not to use the courts.

Are you seriously saying warring couples are going to get together and talk it through? No – if couples are “warring” they are unlikely to choose to adopt a collaborative approach. Collaborative is not right for all circumstances. It is couples who know they want a negotiated, jointly “owned” settlement which minimises the emotional cost of divorce, who choose collaborative family lawyers.

Come on – how do you achieve a power balance? One of the two is going to dominate, surely? It can be difficult, and involves real skill and patience on behalf of everyone involved, to get the balance right. But it would be wrong to think that there is something “soft” or weak about collaborative lawyers. They are skilled in providing balanced guidance for couples who, remember, are genuinely seeking a fair and equitable resolution.

Don’t lawyers just make any situation worse? It’s an easy jibe, and a common myth, but simply not true. Good lawyers help couples achieve their desire for fair solutions which take account of the emotional and financial needs of families who split.

You’re not trained to counsel – your skills and counselling skills just don’t go together. Or Putting people’s emotional issues in the hands of lawyers is just playing with fire. Actually, you may be surprised at the number of collaborative lawyers who are skilled in other disciplines, like mediation for example. But you are right – we are mostly not trained counsellors, or qualified financial advisors for that matter. That’s why you will find that each regional network of collaborative lawyers has in turn an extended network of counsellors, IFAs and others who are brought into the process at the appropriate time.

You pretend the client is in control but you are disingenuous – you are in control really. Simply not true. We are simply there to provide a structure, to offer guidance, and to advise on the legal issues relating to relationship breakdown. Because of our experience we are able to steer discussion if they get off track, but it is the clients who set the agenda and the clients who remain in control of arriving at their own solutions. How do you square your professional duty to meet your client’s best interest with the collaborative approach? Don’t get trapped in the outmoded perspective of the adversarial approach. By choosing the collaborative approach the client has indicated that they want a holistic solution, in open discussion with their partner and his/her lawyer. By effecting that, we meet our professional duty to facilitate clients making their own decisions about what is best for them.

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Advertising

Artwork for these ads is available from The Partners Group in York. See page 18 for their contact details.

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Appendix 3: Mediation Creating a greater understanding and awareness of the role of mediation Whether you are new to mediation, or whether you have been practising for some time, you will want to let people know of your expertise and the benefits that it offers. To ensure that mediation holds it rightful place as one of the effective routes to family dispute resolution, it is vital that every opportunity is utilised to inform and educate those who may benefit, and those who may be in a position to recommend mediation as a route to a solution. It is by all mediators working together in a cohesive way that we will best achieve this goal. There is nothing difficult about promotion – it is simply a case of extending awareness of the practice of mediation, the benefits it delivers and your part in delivering them. Sarah Lloyd ADR Director Resolution sarah.lloyd@resolution.org.uk Meeting the challenges When planning a journey it is just as vital to know where you are starting from as it is to know where you are going. As mediators, you know the fantastic benefits which the expertise that you offer provides for fair and equitable resolutions to what often may seem like intractable issues. But as far as public perceptions are concerned, there are promotional challenges for mediation and in order to overcome them we need to be aware of them:

Unlike, for example, collaborative law, mediation has been around a while. There is nothing intrinsically newsworthy about it Because it is not radical or new it is not headline grabbing in itself It is not confrontational in its approach, so even if the results are “dramatic” it does not make drama – so is less media appealing Because it has been around a while, people think they know about it and so can dismiss it as “just another route” rather than recognising the huge value it can provide.

The challenge therefore is to make the topic eye-catching and headline-grabbing whilst holding true to the measured, reasonable approach it represents. Being realistic, this is a long-term process requiring sustained and consistent effort to get the message across. Don’t expect too many quick fixes – but think always of the cumulative impact of all mediators enthusiastically working towards the same goal.

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Guide to marketing

Marketing materials

The marketing toolkit for mediators is developing all the time. In addition to this guide, you have the following resources: 1. A universally recognised “brand” for mediation

2. Sample letters to counsellors/ therapists etc and to other solicitors on page 38 and 39 of this guide 3. PowerPoint presentation template available on request from Resolution’s Central Office (info@resolution.org.uk) 4. Divorce and separation: choosing the right process for you leaflet - see page 17 for details 5. Helping couples to reach agreement leaflet - see page 17 for details. 6. Microsites. Groups of mediators can get together and create their own microsite. These are mini websites available as an extension of Resolution’s own website. Contact Resolution’s Central Office or see page 29 for further details. 7. Alternatives to Court pages on Resolution’s website. Resolution’s website contains a dedicated “alternatives to court” page at www.resolution.org.uk/alternatives_to_court, with information about the process of collaborative family law (as well as mediation), and contact details for all PODs in England and Wales. Branding

Logo and descriptors for Resolution mediators

Logo details

Font - Bliss Bold Colour reference: Warm grey: PMS 8C C 48 M 45 Y 55 K 13 Light blue: PMS 644 C 42 M 24 Y 9 K 0

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Use it – but check with us first The artwork for the logo is available from Resolution’s Central Office Apply it to your own materials, but do it in a way which does not compromise its design When you use it, give it space to breathe. Don’t cram it in or run it to the edges of pages. Let it have space – preferably white space – around it to give it impact Bigger isn’t always better. Often “subtle” is stronger Use it only in the proportions presented here – it may not be stretched or condensed or otherwise distorted Where used alongside the Resolution logo, it should be similar in size, so that neither logo dominates the other.

You can use it in greyscale, or in the correct blue, but please don’t use it in other colours. Consistency is vital. Who can use it? Anyone who is a Resolution trained mediator

For approval of your use of the logo, prior to printing, submit artwork to Resolution’s central office at info@resolution.org.uk When emailing design applications, send as PDF files and remember to “zip” them. If they are too large they will not be deliverable. Monitoring consistency and reach As with everything you do, provide us with a copy of the material you use that applies the logo and promotes the cause. In that way we can monitor how and where the brand is being presented, and use what you are doing to advise others by building up a bank of best-practice material.Your feedback on the logo, and the way it is received by the key audiences we are all targeting, will help us as we refine and develop the brand in the future.

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Guide to marketing

Window sticker These are freely available to specialists to be used around their business premises. Display the sticker on external windows, prominently, and on appropriate internal glazed partitions/windows. Ideally use it alongside the Resolution sticker (if you still have SFLA stickers, maybe now is the time to replace them). Sample powerpoint slide style The slide below is available via email from Resolution’s Central Office. Simply download it onto your computer and use it as the style for your own presentation. Remember, not too many words on any single slide.

Possible letter to invite counsellors, therapists etc to a presentation about mediation

Dear

Mediation on separation and divorce

In my work as a family law solicitor I deal with separation and divorce, mediation and disputes in respect of children. These may be areas of work that you regularly touch upon in your own professional practice. I would like to invite you to attend one of my forthcoming presentations on mediation. There is a choice of two sessions, [day] at [.....] o’clock or [day] at [.....] o’clock. Both presentations are free, will last about an hour and will be at my office in [add venue].

I am keen to create working relationships with other local professionals who deal with individuals and couples and also promote the advantages that mediation can offer to those going through separation and/or divorce. As such I would like to provide an explanation as to how the mediation process actually works.

Research shows that couples find mediation extremely useful in the early stages of separation in providing impartial information on the law and legal procedures. Some of the other benefits of mediation are that it: enables couples to examine and explore the options open to them in a confidential setting; assists couples in making informed decisions;

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facilitates communication and cooperation; and is a cost-effective alternative to the court process.

I enclose some details about my mediation service and also about myself for your information.

If you are able to attend please return the enclosed reply slip at your earliest convenience or contact me by phone, fax or e-mail. I look forward to meeting you.

Yours sincerely,

Sample letter to other solicitors

This letter is for local solicitorsâ&#x20AC;&#x2122; practices without their own mediation service who may be interested in hearing about your service and/or referring couples to you. If you have a list of mediators in the region, send it out with this letter. If not, amend the letter accordingly.You could also offer to meet up with anyone interested or invite them to a presentation at your office. Dear

Mediation on separation and divorce As you will be aware, the process of mediation as a means of resolving all disputes between separating couples is becoming increasingly prevalent in the field of family law. Mediation receives the full support of the Ministry of Justice and judiciary as a means of resolving issues between separating couples, with protocols and amendments to legislation encouraging communication and negotiation at every stage. The enclosed leaflet is intended to provide you with an overview of mediation services provided locally by solicitors trained in mediation by Resolution. The mediators listed are all experienced family law solicitors in their own right. Mediation works best where solicitors are available to advise before and/or between mediation meetings and to draft documentation that will cause any agreement reached in the process to become binding. Therefore, when contemplating the possible referral of a client into the mediation process, it is important that the solicitor is confident that the chosen mediator will provide the same high standard of service that the client will receive from their solicitor. Also, that the solicitor has some knowledge of what their client can expect. Any of the mediators listed would be glad to discuss their service with you. I hope that the enclosed information will be of assistance to you when considering whether to refer your clients to mediation. If you would like any further information, please either contact me or any of the other mediators listed. Yours sincerely Enc.

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Advertising

Artwork for these ads is available from The Partners Group in York. See page 18 for their contact details.

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Notes

Guide to marketing MARKETING ESSENTIALS FOR RESOLUTION MEMBERS

Resolution, PO Box 302, Orpington, Kent BR6 8QX DX 154460 Petts Wood 3 T: 08457 585671 | F: 01689 896 972 E: info@resolution.org.uk | www.resolution.org.uk Resolution is the trading name of the Solicitors Family Law Association, which is a company limited by guarantee. Company number 05234230. Published and produced by Resolution, first for family law ÂŠ Resolution 2010. All rights reserved.