Methods of dispute resolution

There are various options available to individuals looking to resolve family law issues.

Traditional negotiation

Despite having separated, some couples may still have a good relationship and be able to communicate effectively. In such situations, parties may wish to privately discuss and agree the basis of their settlement and future arrangements, or choose to negotiate via their lawyers. Traditional negotiation includes corresponding by letter, email or telephone, or by way of face-to-face meetings.

Mediation

Mediation enables separating parties to discuss the issues they want to try to resolve, with the help of an impartial third party who is a trained mediator.

The mediators are neutral during the course of mediation. Their role is not to give legal advice to either party, but instead to provide legal information and facilitate negotiation/agreement.

The mediator can either be a non-lawyer mediator or a Law Society of Scotland Accredited family lawyer mediator (a CALM mediator).

Usually, the mediator is a single individual, but there are models of co-mediation where mediators work together to assist the parties to reach a resolution.

Collaborative Family Law

In the collaborative process, the separating parties each instruct their own collaboratively-trained family lawyer to advise and assist them in negotiating agreements on the issues that need to be resolved.

All negotiations take place in a series of “round the table” meetings, attended by both individuals and their lawyers. They may also be joined by other professionals, such as family consultants, accountants and financial neutrals.

By signing up to the process, the parties commit to absolute transparency and full disclosure concerning financial aspects, as well as to conducting negotiations in a respectful and constructive manner. In the event that the collaborative process breaks down and court action has to be raised, both parties agree at the outset to instruct new lawyers.

Litigation

Sometimes, court proceedings are the only option. If litigation is necessary, we will seek to minimise the issues remaining in dispute and adopt a pragmatic, cost-effective approach to your case. We understand that clients will be unfamiliar and apprehensive about the court process, and we will provide reassurance and support throughout.

Arbitration

Arbitration allows for an independent and impartial arbitrator to make decisions on financial or child-related matters arising from separation or divorce without recourse to court.

In family law cases, we are fortunate to be able to call upon certain family law practitioners and advocates who are trained arbiters and members of FLAGS (Family Law Arbitration Group Scotland).

It is not compulsory for parties to engage the services of an arbitrator, but the process is intended to be quick, flexible, cost-effective and more confidential than the court process.