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Collaborative
family law is an exciting innovation to Scotland. It has developed in
the US and Canada over the last ten to fifteen years as an alternative
way of resolving family disputes without intervention from the Court.
Couples using collaborative family law, along with their solicitors,
commit to trying to find a mutually acceptable resolution in a
non-confrontational way and without resort to threats to raise court
proceedings. You still have the support of your own advising solicitor,
as would be the case in a conventional negotiation or litigation, but
try to resolve matters through a series of round-table meetings rather
than by correspondence between solicitors.
Pros and Cons:
Since there can be no inappropriate threat of litigation in
Collaborative family law and there is a commitment to full disclosure of
information the climate is very much geared to solution seeking and
results in imaginative and flexible solutions which are individually
tailored to meet your needs and the needs of your family. Using the
Collaborative family law model allows you to maintain control over the
way in which your case is run (as opposed to being managed by the Court)
and can allow you to resolve matters in privacy
But
If a solution does not emerge and it is necessary to resort to
conventional negotiation or litigation then because of the commitments
made at the outset of the Collaborative process the solicitors who have
been acting in the Collaborative process can no longer act and the
parties involved would need to start again with new solicitors.
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