Research continues to indicate that Scots are increasingly attracted to choosing collaborative divorce to avoid conflict and reduce negative impact on family members.
Alison McKee, Partner and Head of our Family Law team explains that in her team's experience, the way a separation is dealt with can make a big difference to how quickly issues are resolved and how easily couples are able to move on. Cool-headed is always easier on the family than contested.
There are, broadly, four routes for resolving family law disputes.
Firstly, court - in some situations court proceedings are unavoidable. However, family law solicitors in general, regard them as the last resort, and couples should aim to stay out of court if possible. Alternative methods of resolving disputes are less inflammatory and less expensive.
Secondly, there is the traditional negotiation approach. This involves an exchange of correspondence, or sometimes meetings between solicitors, leading to an agreement.
Thirdly, Mediation, where a mediator acts as an impartial third party, helping the couple to communicate, overcome sticking points, and find solutions they can both live with.
Finally, there is Collaborative Family Law. This takes the form of ‘four-way’ meetings with the solicitors and their clients present. Occasionally specialists such as financial experts join the meetings.
At the outset the parties agree not to start court proceedings, and instead commit to negotiating agreement on all issues. From one meeting to the next, information is gathered by the parties and their solicitors, to be discussed next time they meet. Normally a complete agreement is reached after four to six meetings.
Collaborative Law has the advantage of being conducted in a dignified manner, as amicably as possible, without the looming threat of court action. It allows the legal, psychological and financial aspects to be integrated into one co-operative process, and can lead to some creative solutions that meet the needs of both parties.
People using Collaborative Law express a high degree of satisfaction with the process and the outcomes achieved. They welcome the opportunity to resolve matters amicably but with support, and like the fact that all discussions take place in person.
If you are separating, or thinking about doing so, Collaborative Law might work well for you. Our Family lawyers are qualified in Collaborative Law and experienced at helping couples through the process. We can advise you on the Collaborative process and help you to decide if collaboration is the right way to deal with your separation.
Published 30 October 2024.
