Separation or divorce can be a painful and stressful experience. Collaborative family law is a commonly used type of Alternative Dispute Resolution which can help separating couples reach an amicable agreement without going to court.
What is Collaborative Law?
Collaborative family law in Scotland offers separating couples an opportunity to work together with their respective solicitors in a non-confrontational manner to resolve disputes related to family matters. The principle of collaborative law is for both parties to commit to reaching a mutually acceptable and binding agreement without going to court.
What is the process?
The process begins with you and your spouse or partner each consulting with your solicitor individually to discuss what you would like to achieve. You will then have a series of round table discussions, called four-way meetings, with your solicitors present to talk about various aspects of your separation, such as financial matters and arrangements for children, focusing on your shared needs, interests and priorities. You will be encouraged to communicate calmly, honestly, and respectfully. As well as having your solicitors present, if necessary, you can also seek the help of other professionals such as financial professionals or family coaches. These other professionals can be appointed by you together, to work as “neutrals” which not only saves on costs but also encourages you to work together with them to find solutions.
Importantly, you will agree to resolve matters without going to court. Once you have exchanged proposals and reached decisions, your solicitors will record them in a formal Minute of Agreement that will be binding on both of you. You will only require to go to court to have your divorce granted. If you are unable to reach decisions during the process and decide to resolve your disputes by going to court instead, you and your spouse or partner will have to find new solicitors.
How could it help you?
Rather than focusing on what you are entitled to in terms of the law, the collaborative process allows you to focus together on the outcomes that you want to achieve. The process can reduce the stress of going through a separation and one of the primary benefits is that it allows you to maintain control over the decision-making process. This flexible approach can often lead to more creative and tailored solutions that better meet the unique circumstances of your family. In the longer term, it promotes a more amicable and cooperative relationship which is especially beneficial when co-parenting.