Separations - does technology do body language?

Deborah Marsh Deborah Marsh 10 June 2020

The current pandemic has lead us all to adopt alternative and different ways of working – and the field of law has been no different.

As we adopt new methods of communication through technology, disciplines such as family law, may struggle to cope with the changes when there is usually so much reliance on picking up the nuances of body language and honesty of communication.

Deborah Marsh, associate and collaborative lawyer in Wake Smith’s family law team, gets to grips with the technology.

“The legal profession is not known for fast acting responses and leading the way with technology, but these exceptional times have called for quick thinking and the adoption of new methods of communicating with immediate effect.

“Here at Wake Smith we hit the ground running with online communication being set up, or improved, immediately.

“We have seen the greater use being made of technology and, in fact, it’s an ambition of this firm to continually find innovative ways to serve our clients. This period of time, seems to me, to be the perfect opportunity to find different, but potentially better, ways of working.

“Currently, in the situation we find ourselves in, with continued social distancing, the traditional face to face meetings usually arranged during a divorce or separation matter have not been possible. However, opportunities have been grasped and it has been easy to hold virtual meetings where a group of people can engage with each other. 

“Online meetings have also provided more comfort to clients in that they did not have to travel to the solicitors’ office. 

“And if your spouse is present at home, telephone calls can be arranged easily at convenient times.

“I do appreciate there are those who would say that an online meeting is never as good as direct human contact to pick up all the nuances of body language.

“They might also claim that there is the risk of other parties being in the room or the meeting being recorded without the other parties being aware.

“However, ground rules can easily be applied to resolve these issues, and with regards to body language, as you can usually see most of the top half of a person, do you really need to see what they are doing with their feet? 

“Perhaps, we are now safe in the knowledge that nobody is kicking somebody else under the table and that communication has to be even more transparent.

“Above all, we have worked with our clients to determine what is best for them, being flexible in our approach during this difficult period.

“The current crisis has also allowed us to promote our alternatives including forms of dispute resolution namely collaborative family law. 

“This works well through direct dialogue, whether it is a mediator guiding two parties through the mediation process, or the two parties and their solicitors in the collaborative process.

“One thing we can all learn from this pandemic is that we can all adapt to change in a crisis and move through it. 

“For people facing not only this crisis, but also the crisis of a relationship breakdown, we are helping people move on by offering crucial legal support, for individuals who are faced with continuing uncertainty.

“And we are all learning a few new technical things on the way.”

For further advice on family and collaborative law contact Deborah Marsh on 0114 266 6660.

Wake Smith is fully operational during the COVID-19 pandemic with departments operating online and staff contactable by phone and email in the usual way.

 

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