Alternative Dispute Resolution

Family Law issues can be resolved in a manner of different ways, which we have detailed below.  Whilst litigation is often what springs to mind when people consider instructing a solicitor, most cases resolve without the need to go to court. In the event that matters cannot be resolved out with the court setting, we are just as comfortable raising court proceedings and can discuss your options in relation to litigation with you should this be applicable in your situation.

Negotiation

Parties and their solicitors correspond with one another via meetings letters and telephone calls with a view to reaching an outcome that leads to an agreement, which is usually a written agreement known as a minute of agreement.

Mediation

This involves you and your spouse working with a trained, impartial mediator or trained solicitor mediator to reach agreement. See www.calmscotland.co.uk for further information.

Collaborative Practice

Collaborative practice is a non-confrontational approach to agreeing the legal, financial and practical arrangements for your separation and divorce. Your solicitor will deal with matters and will be trained in collaborative law as will your spouses solicitor. They can involve other professionals like financial advisors and family counsellors to resolve specific issues and you follow a formal process that results in a binding agreement. It is a process where parties work together to achieve mutually agreeable and beneficial outcomes for the whole family following separation. Collaborative Practice encourages an amicable separation and sets parties up for moving forward with their separation and post separation lives, being able to communicate and work together effectively. Please see www.consensus-scotland.com for more details.

Arbitration

Following corona virus and the backlog of cases in the Scottish Courts, more and more people are turning to Arbitration for decisions to be made when parties are unable to come to agreement between themselves. Family Law Arbitrators in Scotland are all accredited specialist family lawyers or experienced family advocates. They have been trained to decide family law issues and are members of the Family Law Arbitration Group Scotland. Their decisions are as binding on parties as that of a court. Arbitration offers the speedy resolution to family law issues of all sorts with the exception of divorce itself and can be utilised for decision making on one specific issue if that is all that remains in dispute. See www.flagsarb.com for further information.

Our Head of Family Law Danielle Stevenson is trained in the collaborative process and can discuss your options with you at your first meeting. We strongly support the collaborative process as a way to positively deal with your separation, give parties the opportunity to be heard and retain control over their separation, while working towards a common goal.

Please call us for further advice on 01383 431 101 or email danielle@caritaslegal.co.uk

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