Collaborative law is a legal process used in Scotland, primarily in family law cases, where parties work together with the assistance of legal professionals to reach a mutually agreed settlement without going to court. It is an alternative dispute resolution method that aims to foster cooperation and reduce conflict, making it less adversarial than traditional litigation.

Collaborative Law Scotland

Firstly, it requires both parties to seek to instruct their own collaboratively trained solicitor in a dispute regarding a family law matter. Usually, this will relate to matters such as financial issues arising from separation and/or children-related matters.

Collaborative process

Once Solicitors have been identified, the parties sign a participation agreement, which outlines their commitment to the collaborative process. This agreement confirms that they are willing to work together in good faith to resolve the issues without resorting to litigation.

It also establishes that if the collaborative process fails and the case goes to court, the solicitors involved must withdraw from the case. This ensures that both sides remain committed to settling.

Once the participation agreement has been signed, then the process typically involves a series of face-to-face meetings where both parties, their solicitors, and sometimes other professionals (such as financial advisors, child specialists, or family therapists) participate.

These meetings aim to encourage open, respectful communication and create a platform for resolving issues. The professionals involved may offer guidance, but the decisions are ultimately made by the parties themselves, rather than being decided by a court.

During the process, both parties agree to provide full disclosure of relevant information to each other. This openness is crucial for finding fair solutions and avoids the need for formal court processes that can be costly and time-consuming in litigation. With this, financial vouching and other relevant information will be exchanged to ensure all relevant factors are considered in negotiations.

The focus of the meetings is on negotiating and resolving issues. The collaborative solicitors will help guide these discussions, encourage compromise, and ensure that both parties’ interests are considered.

Your solicitor will continue to advise you separately about the law, however, in these types of cases a strict application of the law may not be necessary. Ultimately the aim is to find sometimes creative solutions that are tailored to the specific needs and concerns of the parties, all of which will be fair and reasonable to the parties.

The process can involve just a few meetings or can involve several meetings to resolve matters.

Separation Agreement - Solicitor family law

Once an agreement is reached, the terms are put in writing. This is known as a Minute of Agreement but is often called a Separation Agreement. This Agreement, once signed, will outline what has been agreed between the parties in a clean break settlement and has the effect of a Court order.

Advantages to Collaborative Process

There are many advantages to the collaborative process:

Reduced Conflict: The process is designed to minimise confrontation, reducing emotional and financial strain on the parties involved.

Involvement: Both parties have significant involvement in the overall outcome, as they are the ones agreeing on the final decisions which are suitable for them and their family.

Confidentiality: Unlike public court proceedings, the collaborative process is private, and the details of the negotiations remain confidential.

Cost-Effectiveness: While collaborative practice will still involve professional fees, it can often be more affordable than lengthy court battles.

In Scotland, collaborative practice is part of a broader movement toward alternative dispute resolution, reflecting a shift toward more cooperative, flexible approaches to resolving legal disputes, especially in family law. It allows the parties to have a more positive and constructive approach to resolving their issues, with a focus on long-term solutions that benefit all involved.

Collaborative practice is a positive experience for parties who are separating or who have child-related matters to agree on. The process has a high success rate, particularly when both parties come into the process committed to finding a resolution for their issues.