Collaboration – Family Law Solicitor Scotland
Collaboration Lawyers Scotland
Collaborative family law is a means of resolving family law disputes whereby you, your former partner and both of your lawyers work together to resolve the issues. This is distinct from traditional court processes where each party (and their lawyer) fights for their clients rights without considering the other parties’ position. What makes it unique is that at the outset all involved meaning you, your former partner and both solicitors agree that they will not go to court and must work to resolve through agreement.
Collaborative Family Lawyers Glasgow, Shawlands, East Kilbride, Edinburgh and Lanarkshire
Collaborative family law is often faster than going to court and is less formal. However, it can only work if both parties are prepared to respect each other’s position and to work together to reach an amicable solution.
The collaborative process takes place over several structured meetings. Each party has the support of their advising lawyer throughout. The collaborative process recognises the impact emotion can have on decision-making and enables parties to work toward a mutually agreeable solution.
In the collaborative process, there is a large element of trust. Both parties must make a full disclosure of their financial position. Indeed, other professions such as financial advisors can become involved in the collaborative process. Also, parties can choose to jointly or singly consult with a family consultant to help work through the emotional impact of the change that has taken place within the family.
HOW DOES COLLABORATIVE FAMILY LAW WORK?
At the outset of the process, all parties sign a “participation agreement” which states that no party will issue legal proceedings. If the discussions break down at any point, the collaborative process ends. If one party does decide to go to court, then both lawyers have to stop acting. This encourages the solicitors to help you reach an agreement.
WHAT ARE THE BENEFITS OF COLLABORATIVE LAW?
Collaborative law is different from litigation in that it reduces confrontation and encourages communication. It also allows you to reach an outcome that suits the whole family. In collaborative law, relationships are kept cordial which is a particular benefit if there are children. As with other means of ADR, collaboration is often quicker and less expensive with a mutually agreed result as opposed to an imposed one.
A key benefit is that decisions are reached that suit all parties, meaning creative solutions can be reached and practical arrangements put in place.
Contact Us to speak to our Specialist Solicitor – Family law practice - Divorce, Separation, Mediation
Simplicity Legal continues to grow and expand. As a result of which, we have created a dedicated Family Law Department. Our specialist Family Law Solicitors have a wealth of experience, expanding to over 60 years between them. We provide an initial no cost appointment with a family law team member.
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