Dispute Resolution & Mediation

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

Mediation

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

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

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

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

Learn more about the benefits of Mediation.

Collaborative family law

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

All of the negotiations take place in a series of “round the table” meetings), at which both clients, lawyers attend and may be joined by other professionals, such as Family Consultants, A and Financial Neutrals.

By signing up to the process, the parties commit to absolute transparency and full disclosure in relation to financial aspects and to conducting negotiations in a respectful and constructive manner.

Negotiation

Negotiations can take many forms and take place at different levels, depending on the individual needs of the family.

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 to negotiate via their lawyers.

Arbitration

Arbitration allows for an independent and impartial arbitrator to make decisions in relation to 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 who are members of FLAGS (Family Law Arbitration Group Scotland).

Parties cannot be forced 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.

Litigation

Sometimes court proceedings are the only option. If the litigation is necessary, we will seek to minimise the issues remaining in dispute and adopt a pragmatic and sensible approach to court preparation and procedure.

We understand that clients will be unfamiliar and apprehensive about the court process and we will provide reassurance and guidance throughout.