10th February 2014

The Benefits of Collaborative Family Law

Collaborative family law is a relatively new method of dispute resolution. It has many advantages over pursuing litigation in the courts, and should be considered by anyone who is in the midst of a contested separation or divorce. In this article we explore the benefits of collaborative family law in more detail, allowing you to understand the ways in which it could help you and your loved ones.

What are the benefits of collaborative family law?

During the collaborative family law process, you and your ex-partner will each instruct a specially trained legal expert. A date is then set the first four-way meeting where you, your ex-partner and both your lawyers come together to discuss the issues at hand. This can cover all types of grievances, from child care arrangements to the division of assets. If the process is working well, you will continue with these four way meetings, airing your concerns before negotiating a mutually-acceptable agreement.

This approach to resolving family disagreements does, therefore, have many benefits. These include:-

  • Open communication:during the meetings, each person has a platform in which to express their worries in a safe and non-confrontational manner. Having your legal experts present also ensures each party has a fair say and that any misunderstandings are reduced.
  • Dignity and respect:before agreeing to the collaborative process, each party must promise to act in good faith. This means you acknowledge the importance of fair, amicable discussions. This will help maintain your dignity and respect for one another, all the while avoiding any bitter disputes being played out in the court, something which can be extremely harmful for both you and your children.
  • Legal guidance:unlike mediation, you have your own legal expert who will offer support and guidance at every stage of the proceedings. Before and after every meeting you will talk to your lawyer, giving you the opportunity to seek their professional advice.
  • Control:with collaborative law, the decision making it entirely in the hands of you and your ex-partner. This opposes court proceedings, where rulings about your future are made by a judge. Retaining control will ensure you achieve a conclusion you are happy with. It will also help reduce costs and speed the process up.
  • Confidential:everything that is said during the course of your collaborative meetings remains confidential. So even if your dispute does go to court, your previous discussions cannot be used as evidence.

Collaborative family lawyers in Scotland

If you are looking for a trained collaborative lawyer to help you, contact us at Blackadders today.

For more information, simply call us on 01382 229 222 (Dundee) or 0131 222 8000 (Edinburgh) or complete the enquiry form on the right of this page and we will be delighted to help you.

 

 

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