Kim Beatson, Partner and head of Family Law Team and Sarah Lloyd, Director of ADR, Resolution
We have a population of around 52 million people in England and Wales, generating around 112,000 divorces a year. We have a split profession, between solicitors who liaise with the clients and negotiate agreements and a smaller number of barristers who are the advocacy specialists.
Resolution was set up in 1981 by an inspirational solicitor who created a code focused on encouraging negotiation and child centred solutions. Its membership now numbers approximately 5,000 and it is regarded as the voice of family lawyers in this jurisdiction. The lawyers who practice collaboratively in this country are all members of Resolution.
Collaborative Practice is substantially different from traditional legal practice as well as from other alternate dispute resolution models, and presents specific challenges not necessarily addressed by the ethical standards of individual disciplines.
Working within other dispute resolution processes can take lawyers away from their traditional roles and into uncharted waters. Understandably there may be a natural tendency for the collaborative lawyer to retreat back to the relatively safe haven and comfort zone that is the positional role in the negotiations when they encounter a difficult issue. This is even more likely to happen when the lawyers involved in a collaborative process have not had an opportunity to get to know each other properly in advance of the start of the case. Although it is part of the collaborative process that the lawyers should meet in advance of the start of a case to discuss the process and should continue to meet or communicate by phone to discuss issues and tactics for as long as the case continues, the level of trust which is required between the lawyers may need to be built up over a number of cases.
The degree of trust which exists between the two collaborative lawyers has frequently been cited as being the single most important factor in identifying the success or failure of a case. For this reason Resolution imposes an obligation upon all of its collaborative lawyers to join a POD or practice group (POD stands for practice and organisational development and aptly describes precisely the point of its creation however the use of “POD” and “practice group” is interchangeable).
The Practice and Organisational Development or POD
What is a POD?
Practice groups are groups of like minded individuals who meet periodically to discuss issues of common concern including training, practice problems, best practice, ethics and the development of practice and solutions.
Throughout the collaborative world practice groups or PODs have varied between communities and jurisdictions.
In England the primary focus of PODs is best practice, solutions and development of inter disciplinary working. Meetings are divided into business meetings and meetings for training purposes.
Why they are so important?
The primary purpose of practice groups is to facilitate networking and to develop relationships of trust between members. This is fundamental to the collaborative process.
Establishing inter-disciplinary practice groups is particularly important to that end which is why many US States and UK PODs invite other family professionals such as financial neutrals and parenting coaches to attend practice group meetings. Many collaborative lawyers are also mediators and the POD may have the dual use in enabling dual trained mediators/collaborative lawyers to discuss practice areas of relevance to both.
Mature PODs have gone much further and are able to offer the following:-
- Printing advertisements/Powerpoint presentations and handouts for community speaking.
- Developing members only sections of the website.
- Coordinating the distribution of brochures/materials to referral sources.
- Data collection by POD (and of course this may be undertaken by overarching bodies such as Resolution and IACP).
- Discussion groups and presentations by regional groups.
When developing a practice group the following activities may be of interest:-
- Social activities.
- Inviting other POD leaders to share initiatives.
- Training as a group.
- Study groups.
- Buddies or mentors.
- Encouraging applications to higher national boards such as the IACP Board.
- Delegating speakers to inform the public and that could include local business centres or Chambers of Commerce, schools, universities.
- Encouraging articles as a means of publicity.
Where are the PODs?
PODs exist wherever there are a few trained collaborative lawyers. Resolution maintains a list of PODs on its website.
How do you join one?
The first challenge for a freshly trained collaborative lawyer is to find a POD to join. In some communities this will be easy as there will only be one or two to choose from and these will welcome new members with open arms. In other communities where there are perhaps a number of large PODS it may not only be hard to find a POD which will accept you but also hard to decide which POD to join as PODs tend to develop along different lines particularly where there are a number in the same densely populated area, such as London. Sometimes the only solution is to form a new POD. Far from being the worst case scenario this can often be exactly the right option particularly where those forming a new POD have just completed their training together and are likely to be working together. They may already have gone some way to forming that bond of trust so crucial to the highest levels of collaborative practice.
How big should a POD be?
Research on the international scene does not seem to indicate a prescriptive view on the size of the PODs. However, the need to establish a sense of trust and rhythm seems to indicate that benefits will be found in smaller groups. In some parts of England and Wales sub groups have formed when POD numbers have rendered it unwieldy.
It is possible to join more than one POD in England and quite common place in large cities such as London where Collaborative lawyers frequently join PODs local to home and to office.
London PODs have developed their role so that it now includes developing tools for educating clients about collaborative law and ADR, strategies for enrolling clients or their spouses and how to effectively deal with four way meetings.
Encouraging attendance at POD meetings is important. Continued enrolment as a collaborative lawyer is dependant upon the acquisition of professional development points.
Are there any POD Rules?
It is up to individual PODs how they work but Resolution has produced a set of guidelines to assist newly forming PODs. see POD Guidelines for good practice
The role of the Pod Liaison Officer
The role of the POD Liaison Officer (PLO) is informal by definition but it basically involves chairing meetings, dealing with the administration of the POD in organising meetings, dates, agendas about seminars and practice development. However the PLO is an important link into Resolution head office and is the named person on the Resolution website where each POD is listed. PLOs are invited to 2 meetings every year by Resolution when important issues are discussed. This is a hugely important forum for discussion and a place where all POD members can have their concerns raised.
What you discuss at a POD meeting (and what you don’t)
These guidelines set out in general terms the remit of the POD meetings. It is vital that the members of a POD get an opportunity to discuss practice issues and this should be given priority. Many PODs arrange role plays in order to tackle common concerns and difficult situations which can arise within a collaborative four way. PODs are currently very excited about the IACP webinars. This is an ideal opportunity for the PODs to view the webinars as a group and to continue with a discussion about the issues raised.
What PODS could do in addition to what they currently do
PODS will inevitably develop in different ways. Factors affecting the development of PODs may be geographic, cultural, size, whether based in rural or urban areas, the ratio of lawyers and other professionals, the enthusiasm for the process in their local areas from other influences such as judges and courts generally.
PODs and individual POD members generally serve a useful purpose in supporting their members through a process which is frequently challenging the members in different ways. Some PODs organise de briefing sessions at the conclusion of a case so that all members of the team have an opportunity to discuss how they feel the case progressed. This also gives everyone a forum to discuss what it might be good to improve in terms of process or support.
Some groups have volunteer members who will offer to give some of their time for free (usually a couple of hours) to listen to individual concerns and in other groups a more formal system is in place.
Should PODS “police” members?
What can PODs do to regulate the collaborative work of a POD member who it is reported by other members is not adhering to the rules or the spirit of the process? PODS in England are considering this and working out their own ways of coping with individual members who are reported by other members of the group as not behaving appropriately within the process.
From the above it is clear that the POD serves a vital role as the primary source of support for the collaborative lawyer and indeed for other professionals working within the collaborative field. It should be the first port of call for all practitioners seeking help, information and support.
Kim Beatson is a Partner and head of Anthony Gold's Family & Divorce Law team. She is also a Board member of the International Academy of Collaborative Professionals. For further information email Kim or call 020 7940 4000 for advice on any aspect of family law.
For further information on Resolution visit www.resolution.org.uk
