Cases involving mental health and addiction
Mental Health and Addiction in Family Disputes and Litigation
Mental health and addiction are among the most misunderstood issues encountered in family law. Whether they affect you, your former spouse or partner, or another member of your family, they can profoundly influence parenting, communication, decision-making and the way family proceedings develop.
Before separation, families will often try to understand and support a loved one experiencing mental health difficulties or addiction. Treatment is usually based upon openness, diagnosis, therapeutic support and the shared objective of helping that person recover. Once family relationships break down, however, those same difficulties can become viewed through a very different lens. The focus can shift from understanding and treatment to denial, blame and the strategic use of mental health allegations within litigation.
That change of focus is rarely in the interests of the individual, the children or the family as a whole.
Our Integrated Legal and Psychological Approach recognises that mental health and addiction should never be viewed simply as legal issues. They are clinical issues that frequently have legal consequences. Understanding the distinction is fundamental to developing the right litigation strategy.
Alongside experienced family law representation, we combine expertise in conflict engagement, communication, family dynamics and, where appropriate, clinical mental health. This enables us to understand not only the legal issues before the court, but also the wider psychological, therapeutic and relational factors that frequently determine how those legal issues should be presented.
This is not about excusing harmful behaviour or minimising genuine welfare concerns. Nor is it about suggesting that every difficult family relationship is caused by mental illness or addiction. It is about ensuring that mental health is understood within its proper clinical context rather than being simplified, misunderstood or unnecessarily weaponised during family proceedings.
Our approach also recognises that prolonged litigation can itself create or significantly worsen anxiety, depression, trauma and other mental health difficulties. For that reason, we seek to develop strategies that not only strengthen your legal position but also reduce unnecessary conflict wherever possible, helping clients remain focused on achieving the best long-term outcome for themselves and their children.
Throughout this section you will discover how mental health and addiction are treated within the family justice system, the challenges that frequently arise when these issues become part of litigation and how our Integrated Legal and Psychological Approach can assist in presenting, proving or responding to mental health evidence in a thoughtful, strategic and legally persuasive way.
Whether your case concerns parenting arrangements, financial proceedings, alcohol or drug misuse, psychiatric evidence or the impact of mental health upon family relationships, our objective remains the same: to combine outstanding legal representation with a deeper understanding of the human issues that often determine the success of family litigation.
If mental health or addiction has become part of your family dispute—or you believe it may become so—we invite you to explore the topics below. You may discover that understanding these issues more clearly is one of the most important steps towards protecting yourself, your children and your future.
Why Mental Health and Addiction Require a Different Approach in Family Litigation
Mental health and addiction are among the most sensitive issues that can arise during family breakdown.
Whether you are living with a mental health condition yourself, supporting a family member who is, or are concerned about the impact that mental health or addiction may be having on your children, it is entirely understandable to worry how those issues will be viewed if family proceedings become necessary.
Many people fear that a diagnosis will be used against them. Others worry that genuine concerns about the other parent's mental health or addiction will not be taken seriously. Both concerns are understandable.
Our experience is that these cases require far more than legal expertise alone.
Mental Health Is Primarily a Clinical Issue
Before family relationships break down, mental health and addiction are usually approached in a supportive clinical environment. The objective is to understand the individual's difficulties, establish an appropriate diagnosis where necessary and develop a treatment plan designed to improve both their wellbeing and their quality of life. Mental health professionals work within a culture of understanding, treatment and recovery. Their role is not to assign blame. It is to help people get better. Where appropriate, families are encouraged to understand the condition, support the treatment process and work together to improve outcomes for everyone involved, including any children.
Family Proceedings Change the Context
When separation occurs, the context inevitably changes. The same mental health condition that was previously acknowledged and supported may suddenly become part of a legal dispute.
The focus can shift away from treatment and towards questions such as:
Does this person have a mental health condition?
Does it affect their parenting?
Does it create a risk to the children?
Is the condition being exaggerated, denied or misunderstood?
These are legitimate legal questions.
However, they are very different from the questions that mental health professionals are trained to ask.
As a result, mental health can sometimes become viewed less as a clinical issue and more as evidence within litigation.
Why This Creates Difficulties
Once proceedings begin, it is not unusual for people to become defensive about their mental health. Some minimise genuine difficulties because they fear losing time with their children. Others feel compelled to highlight the other parent's mental health in order to protect the children. Understandably, both positions may be influenced by the conflict that has developed between the adults.
This can unintentionally shift the focus away from the issue that matters most:
What support does this family need, and what arrangements are in the children's best interests?
Bridging Two Very Different Worlds
Our Integrated Legal and Psychological Approach recognises that family law and mental health operate within two very different professional cultures. Mental health professionals are trained to understand, diagnose, treat and support. Lawyers are trained to advise, analyse evidence and present legal arguments.
Both forms of expertise are essential. Neither, by itself, provides the complete picture.
By understanding both perspectives, we are able to develop legal strategies that remain firmly grounded in the law whilst recognising the clinical realities of mental health and addiction.
Looking Beyond the Diagnosis
One of the most important principles that guides our approach is that people are always more than a diagnosis. Mental health exists on a spectrum. Symptoms change over time. Treatment can be highly effective. Many people with diagnosed mental health conditions are excellent parents. Equally, difficulties affecting parenting may exist even where no formal diagnosis has been made.
For that reason, we believe that the central question should rarely be:
"What diagnosis does this person have?"
It should more often be:
"What effect, if any, is this condition having on parenting, decision-making and the welfare of the children?"
That distinction frequently changes the way a case should be presented.
A Better Legal Strategy
Our Integrated Legal and Psychological Approach combines experienced family law representation with expertise in conflict engagement, communication, family dynamics and clinical mental health. This enables us to distinguish carefully between mental health, parental conflict and other factors that may be influencing behaviour, ensuring that each case is analysed on its own facts rather than through assumptions or labels.
Our objective is not simply to identify the existence of mental health or addiction.
It is to understand its significance, present it accurately and ensure that the court receives the clearest possible picture of the issues affecting the family. By doing so, we help clients develop legal strategies that are not only legally robust but also clinically informed, child-focused and directed towards achieving the best possible outcome for the whole family.
If mental health or addiction has become part of your family dispute, we would be pleased to discuss how our Integrated Legal and Psychological Approach may help protect both your legal position and your family's future.
How Our Integrated Legal and Psychological Approach Strengthens Cases Involving Mental Health and Addiction
Mental health and addiction cases require more than an understanding of family law. They require an understanding of how the legal system and the mental health system interact—and, just as importantly, where they approach the same issues from very different perspectives.
This is where our Integrated Legal and Psychological Approach provides a significant advantage.
We combine experienced family law representation with expertise in conflict engagement, communication, family dynamics and clinical mental health, enabling us to bridge two professional disciplines that often approach the same family in fundamentally different ways.
We Speak the Same Language as Mental Health Professionals
Court-appointed psychiatrists, psychologists and other mental health professionals frequently play a pivotal role in family proceedings. Their evidence can significantly influence decisions about parenting, risk, treatment and, ultimately, the future of the family.
However, expert evidence is only as valuable as the legal strategy that surrounds it.
Understanding mental health enables us to identify, from the very beginning of your case, whether the central issues are best understood as matters of mental health, parental conflict, abuse or a combination of these factors. Making that decision correctly at the outset frequently influences every stage of the proceedings that follow.
It also enables us to work more effectively with court-appointed experts by ensuring that the relevant questions are identified early and that their evidence is properly integrated into the overall litigation strategy.
Bridging Two Different Professional Cultures
Mental health professionals and family lawyers perform very different roles. Clinicians are trained to understand, diagnose, treat and support. Their objective is to improve the patient's wellbeing and quality of life.
Family lawyers operate within an adversarial legal system whose purpose is to assist the court in determining disputed issues and making legally sound decisions.
Neither approach is wrong. They simply answer different questions.
Our Integrated Legal and Psychological Approach enables us to bridge those two professional cultures, ensuring that legal strategy reflects both the legal issues before the court and the clinical realities of mental health and addiction.
This frequently improves communication with court-appointed experts whilst enabling their evidence to be used more effectively throughout the litigation.
Making Better Use of Expert Evidence
Psychiatric and psychological evidence is rarely an end in itself. Its value depends upon how it is incorporated into the wider legal strategy.
Our role includes helping clients:
identify the most appropriate expert where one is required;
understand the purpose and limitations of expert evidence;
prepare effectively for assessments;
ensure relevant information is communicated appropriately; and
where necessary, carefully analyse and challenge expert conclusions.
The objective is not simply to obtain an expert report. It is to ensure that expert evidence genuinely assists the court in making better decisions.
Reducing the Impact of Litigation on Mental Health
Family proceedings are inherently stressful. Even individuals with no previous history of mental health difficulties may experience significant anxiety, trauma or depression during prolonged litigation. For those already living with mental health conditions or addiction, those pressures may become considerably greater.
Our approach recognises that effective legal representation should never unnecessarily increase those difficulties.
Wherever possible, we seek to reduce unnecessary conflict, improve communication and develop strategies that protect both our client's legal position and their wellbeing throughout the proceedings.
This is not simply compassionate. It frequently improves decision-making, communication and the overall presentation of the case.
Understanding the Difference Between Conflict and Mental Health
One of the most important strategic distinctions in family litigation is the difference between mental health and prolonged parental conflict.
Entrenched conflict can sometimes produce behaviours that resemble symptoms commonly associated with mental health conditions. Conversely, genuine mental health conditions may be misunderstood as nothing more than conflict.
Distinguishing between these possibilities is often fundamental to developing the correct legal strategy.
If the case is incorrectly characterised at the outset, the wrong issues may become the focus of the litigation and the family may fail to receive the support that is genuinely required.
Our understanding of both conflict engagement and clinical mental health enables us to identify these distinctions more accurately and formulate strategies that reflect the realities of the family rather than assumptions or labels.
A More Complete Form of Legal Representation
Ultimately, our Integrated Legal and Psychological Approach is not about replacing clinical expertise with legal expertise, or vice versa. It is about bringing those disciplines together.
By combining experienced family law representation with an understanding of mental health, addiction, communication, conflict and family dynamics, we help clients present clearer, more coherent and more strategically effective cases.
Our objective is not simply to understand mental health. It is to ensure that understanding is translated into better legal outcomes for our clients and, where children are involved, better long-term outcomes for the family as a whole.
If your case involves mental health or addiction, we would be pleased to discuss how our Integrated Legal and Psychological Approach may help you develop the strongest possible legal strategy from the very beginning.
The Practical Difficulties Encountered in Family Cases Involving Mental Health and Addiction – And How Our Integrated Legal and Psychological Approach Helps
No two family cases involving mental health or addiction are the same.
Different conditions affect people in different ways. Symptoms change over time. Treatment may be highly successful or still developing. Relationships within the family may have been shaped by those difficulties for many years before litigation begins.
For that reason, these cases are rarely helped by simplistic assumptions or a "one-size-fits-all" legal approach.
Our Integrated Legal and Psychological Approach recognises that effective legal representation depends upon understanding both the legal issues before the court and the clinical realities affecting the family.
Correctly Identifying the Issues
One of the first challenges is understanding exactly what type of case is being dealt with.
For example:
Is there a recognised mental health condition?
Is there an addiction problem?
Is the behaviour better explained by prolonged parental conflict?
Are abuse, trauma or neurodiversity also relevant?
Or is the case influenced by several of these factors simultaneously?
Correctly identifying the issues at the outset frequently determines the direction of the litigation, the evidence required and the professionals who should become involved.
Working Effectively with Mental Health Experts
Where psychiatric or psychological evidence is required, choosing the right expert is only the beginning.
The value of expert evidence also depends upon:
the information provided to the expert;
the questions they are asked to address;
the way their conclusions are interpreted;
and how their opinions are incorporated into the wider litigation strategy.
Our understanding of mental health enables us to work constructively with court-appointed experts whilst ensuring that their evidence is properly understood and, where appropriate, carefully challenged.
Understanding That Diagnosis Is Only Part of the Picture
A diagnosis rarely answers every question relevant to family proceedings.
The court must also consider:
the effect of the condition on parenting;
the likely prognosis;
the effectiveness of treatment;
the availability of support;
and the overall level of risk, if any, to the children.
Equally, the absence of a formal diagnosis does not necessarily mean that mental health plays no part in the family's difficulties.
Our role is to ensure that the court considers the wider picture rather than relying upon diagnosis alone.
Supporting Clients Throughout the Process
Family proceedings can place enormous emotional pressure upon everyone involved. Where mental health or addiction already exists, litigation itself may increase anxiety, depression or other symptoms.
For that reason, our approach is not limited to preparing legal documents. We also work closely with clients to help them engage confidently with the legal process, prepare for meetings with experts and professionals and, where necessary, give clear and effective evidence before the court.
Where appropriate, we also assist in identifying reasonable adjustments or special measures that may help clients participate fully in the proceedings.
Avoiding Common Strategic Difficulties
Our experience enables us to help clients avoid many of the problems that frequently arise in litigation involving mental health and addiction, including:
misunderstanding the role of different mental health professionals;
allowing conflict to obscure genuine mental health issues;
relying upon inappropriate or incomplete expert evidence;
misunderstanding the significance of alcohol or drug testing;
presenting mental health difficulties in ways that unintentionally weaken the legal case; and
overlooking important clinical information that may assist the court in understanding the family's circumstances.
By identifying these issues early, we are often able to develop more coherent and more persuasive legal strategies.
Seeing the Person, Not Simply the Litigation
One of the most important principles underlying our Integrated Legal and Psychological Approach is that our clients are people first and litigants second. Mental health, addiction and family relationships cannot be reduced simply to legal issues.
Understanding the individual, the family and the wider circumstances in which the litigation has developed enables us to formulate strategies that are not only legally robust but also realistic, compassionate and focused on achieving the best possible outcome.
A More Complete Approach
Mental health cases require more than legal knowledge. They require an understanding of how clinical issues, family relationships and litigation influence one another.
By combining experienced family law representation with expertise in conflict engagement, communication, family dynamics and clinical mental health, we help clients navigate these complex cases with greater confidence, clearer strategy and a stronger legal position.
If your family proceedings involve mental health or addiction, we would be pleased to discuss how our Integrated Legal and Psychological Approach may help you address the practical challenges that arise whilst protecting both your legal interests and your family's future.
How Mental Health and Addiction Can Affect Financial Proceedings Following Divorce
When people think about financial settlements after divorce, they usually focus on assets, pensions, property and income. Few immediately consider the impact that mental health or addiction may have on the outcome.
Yet, in some cases, mental health can have a significant influence on the financial issues the court is required to determine.
Understanding when—and how—that influence arises is an important part of developing the right legal strategy.
Mental Health May Affect Financial Need
The Family Court's primary objective in financial remedy proceedings is to achieve a fair outcome based upon the individual circumstances of the parties.
Where mental health or addiction has affected a person's ability to work, earn an income or obtain suitable housing, those issues may become directly relevant to the court's assessment of financial need.
For example, mental health may influence:
earning capacity;
future employment prospects;
mortgage capacity;
housing needs;
ongoing care or treatment requirements; and
the level and duration of financial support that may be required.
Every case is different.
The important question is not simply whether a diagnosis exists, but whether the condition has a genuine impact on the issues the court must decide.
Looking Beyond the Diagnosis
A diagnosis, in itself, rarely determines the outcome of financial proceedings. The court is generally more interested in understanding how the condition affects day-to-day functioning and future financial circumstances.
For that reason, carefully prepared expert evidence is often far more valuable than the diagnosis alone.
Our role is to help ensure that the court understands not only the existence of any mental health condition or addiction, but also its practical consequences for your financial future.
Presenting Mental Health Evidence Effectively
Financial proceedings require a different approach from children cases. The emphasis is often less upon parenting and safeguarding, and more upon financial consequences.
This means that expert psychiatric or psychological evidence may assume greater importance in establishing the impact that mental health has had upon employment, earning capacity, housing and future financial needs.
Our Integrated Legal and Psychological Approach enables us to work effectively with court-appointed experts whilst ensuring that their evidence is integrated into the wider financial strategy from the outset.
Avoiding Common Strategic Mistakes
One of the greatest risks in financial proceedings is assuming that the existence of mental health automatically strengthens—or weakens—a financial claim.
Neither assumption is correct.
What matters is demonstrating, through appropriate evidence, how the condition affects the financial issues before the court. Equally important is ensuring that mental health does not become unnecessarily weaponised within the litigation.
Our objective is always to present these issues proportionately, accurately and in a way that strengthens rather than distracts from the overall case.
A Broader Understanding Produces Better Outcomes
Mental health, addiction and financial need are closely connected. Understanding those connections enables us to develop more effective litigation strategies.
By combining experienced family law representation with expertise in conflict engagement, communication, family dynamics and clinical mental health, we help clients present financial cases that are not only legally robust but also supported by a realistic understanding of the challenges they continue to face.
Ultimately, our objective is to ensure that the court has the clearest possible understanding of your circumstances so that any financial settlement properly reflects both your present needs and your future wellbeing.
If your financial proceedings involve mental health or addiction—whether affecting you or your former spouse or partner—we would be pleased to discuss how our Integrated Legal and Psychological Approach may help you develop the strongest possible legal strategy for your financial future.
Will I Lose Contact with My Children If I Fail an Alcohol or Drug Test?
For many parents, receiving the results of an alcohol or drug test is one of the most worrying moments in family proceedings.
The immediate fear is often:
"Does this mean I will lose contact with my children?"
The answer is usually:
Not necessarily.
A positive alcohol or drug test is undoubtedly an important piece of evidence.
However, it is rarely the only issue the court considers when deciding what arrangements are in a child's best interests.
A Test Result Is Only Part of the Picture
Alcohol and drug testing can indicate that substances have been consumed. What such tests do not necessarily demonstrate is:
when the substances were taken;
the extent to which they affected your functioning;
whether they had any direct impact upon your parenting; or
what the level of future risk may be.
These are separate questions.
The court will usually consider them alongside a much broader body of evidence, including medical information, expert opinion, your overall parenting and any steps being taken to address the difficulties.
The Court Is Primarily Concerned with Risk
The central question for the court is not simply whether alcohol or drugs have been used.
It is:
"What does this mean for the welfare and safety of the child?"
That assessment often involves considering:
the nature and extent of the substance use;
whether there is evidence of dependency or addiction;
insight into the difficulties;
engagement with treatment or support;
the likely prognosis; and
the practical impact upon parenting.
For that reason, a failed test should never be viewed in isolation.
Why Strategy Matters
One of the greatest mistakes a parent can make is to assume that a positive test result determines the outcome of the case. Equally, refusing to undergo testing or attempting to minimise the issue without careful legal advice may create additional difficulties.
Our Integrated Legal and Psychological Approach recognises that alcohol or drug testing forms only one part of a much wider assessment.
The objective is to ensure that the court understands the complete picture rather than drawing conclusions from a single piece of evidence.
Working with Mental Health Professionals
Where mental health professionals become involved, they are rarely concerned solely with the existence of a positive test. Their role is to assess the wider clinical picture.
That may include:
diagnosis;
prognosis;
treatment;
insight;
engagement with support;
and the likely impact upon parenting.
Understanding how these professionals approach addiction enables us to ensure that your legal strategy is aligned with the issues that are genuinely important to both the court and the experts.
Looking Beyond the Test Result
A history of alcohol or drug misuse is never an ideal starting point in family proceedings. However, neither does it automatically prevent someone from being a safe and capable parent.
Many people successfully overcome addiction. Others continue to parent safely whilst receiving appropriate treatment and support.
Every case depends upon its own facts.
Our role is to ensure that those facts are presented accurately, proportionately and within their proper clinical context.
A More Strategic Approach
Our Integrated Legal and Psychological Approach combines experienced family law representation with expertise in conflict engagement, communication, family dynamics and clinical mental health.
This enables us to help clients understand not only the significance of alcohol or drug testing but also how those results fit within the wider legal and clinical assessment of parenting.
Our objective is to ensure that the court considers the whole person—not simply the test result.
If alcohol or drug testing has become an issue in your family proceedings, we would be pleased to discuss how our approach may help you present the strongest possible case whilst protecting both your relationship with your children and your future.
When Should You Contact Us If Mental Health or Addiction Has Become an Issue?
One of the questions we are most frequently asked is:
"At what stage should I seek specialist legal advice if mental health or addiction has become part of my family dispute?"
Our answer is straightforward.
The earlier, the better.
Whether mental health or addiction affects you, your former spouse or partner, or another member of your family, the earlier we become involved, the greater the opportunity to develop the correct legal strategy before positions become entrenched, unnecessary conflict develops and opportunities for early agreement are lost.
That does not mean it is ever too late.
Many of our clients contact us after court proceedings have begun, after experts have been instructed or even after previous litigation has failed to resolve the issues.
Our Integrated Legal and Psychological Approach can still make a significant difference.
However, the earlier the strategy is established, the greater the opportunity to protect both your legal position and the long-term wellbeing of your family.
You Should Consider Contacting Us If…
Mental health or addiction has become an issue within your family.
Whether the difficulties affect you, your former spouse or partner, or another family member, understanding how those issues interact with family proceedings is often fundamental to achieving the best possible outcome.
You are unsure whether your case is really about mental health, parental conflict or abuse.
Many family disputes involve elements of more than one of these issues.
Correctly identifying the underlying problem at the outset frequently determines the direction of the litigation and the professionals who should become involved.
Your solicitor appears uncomfortable dealing with mental health issues.
Perhaps the legal advice is sound, but you feel that the wider mental health issues affecting your family are not being fully understood or incorporated into the litigation strategy.
You believe mental health or addiction is being hidden or minimised.
You are concerned that important information is not being disclosed, or that another party is presenting an inaccurate picture of their mental health or substance use.
You have been asked to undergo alcohol or drug testing.
The results of such testing should always be considered within the wider clinical and legal context.
Understanding how those results may be interpreted before important decisions are made is often crucial.
A psychiatrist, psychologist or other mental health professional has become involved.
Whether an expert has been appointed by the court or you are concerned about an existing report, obtaining specialist advice before important assessments or decisions are made can significantly strengthen your case.
You are worried that your own mental health will be used against you.
Many parents fear that acknowledging anxiety, depression, addiction or another mental health condition will automatically damage their relationship with their children.
In our experience, these issues require careful strategic presentation rather than concealment or denial.
You believe the court is overlooking genuine mental health issues.
Sometimes prolonged parental conflict can obscure underlying mental health difficulties.
At other times, genuine mental health conditions are incorrectly dismissed as nothing more than conflict.
Distinguishing between the two is often fundamental to the outcome of the case.
You disagree with a Cafcass report or expert report.
You believe important aspects of the mental health evidence, diagnosis or wider family circumstances have been misunderstood or omitted.
Your previous litigation has not resolved the underlying issues.
Court proceedings may have concluded, but the mental health or addiction difficulties continue to affect your family and your relationship with your children.
You are looking for a different strategic approach rather than simply repeating the same litigation.
The Earlier the Strategy, the Greater the Opportunity
Mental health and addiction rarely fit neatly into legal categories.
They require thoughtful analysis, careful planning and a strategy that understands both the legal framework and the clinical realities affecting the family.
Our Integrated Legal and Psychological Approach combines experienced family law representation with expertise in conflict engagement, communication, family dynamics and clinical mental health.
This enables us to identify the issues that genuinely matter, develop the most appropriate legal strategy and ensure that mental health is understood within its proper context rather than becoming another source of conflict within the litigation.
If mental health or addiction has become part of your family dispute—or you believe that it soon may—we would encourage you to seek specialist advice as early as possible.
Our objective is to place you in the strongest possible legal position whilst ensuring that the court has the clearest possible understanding of the issues affecting both your family and your future.
What our clients say
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A mother in a high-conflict divorce
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Our Team
The People Behind Our Integrated Legal and Psychological Approach
Richard Gregorian
Principal Solicitor
Richard Gregorian has advised clients for more than thirty years, initially as a commercial banking partner and, subsequently, as a specialist family lawyer.
Throughout his career he has remained convinced that legal expertise, whilst fundamental, is only one part of effective family law representation. Every family dispute involves people whose behaviour, communication and decision-making influence the way litigation develops. Understanding those wider dynamics enables legal advice to be applied more effectively.
Richard also brings personal experience of the family justice system, having successfully defended an international relocation application involving his own family at a time when primary carers were generally regarded as having an unassailable advantage. He brings that experience whether representing mothers or fathers in these complex and very important cases.
Gavin Emerson
Conflict Engagement Specialist
Gavin Emerson works alongside Richard to strengthen the strategic thinking that underpins every case. His expertise lies in conflict engagement, communication, family dynamics and, where appropriate, the psychological factors that influence family disputes.
His role is not to replace legal advice, nor is it to provide therapy or mediation. Instead, Gavin’s contribution helps ensure that the legal strategies developed for our clients are informed by a deeper understanding of the conflict itself and the way that conflict influences communication, behaviour and decision-making.
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