Collaborative law and Mediation

Collaborative law provides an opportunity for separation without confrontation.

Collaborative law is a relatively new dispute resolution model, which was introduced to Scotland approximately three years ago. All negotiations take place at meetings where both clients and solicitors are present and therefore while the clients retain ownership of the process, legal advice and representation is on hand when required.

One of the cornerstones of the process is that neither collaborative solicitor can represent their client in court. Should the process fail, both parties need to instruct different solicitors, providing a powerful incentive to ensure that the collaboration process is successful. Where children are involved, the emphasis is on their wellbeing. In all cases, parties are expected to compromise in order to reach a resolution that is satisfactory for both of them.

Partner Gillian Crandles was instrumental in bringing collaborative law to Scotland and is Secretary of the Scottish Collaborative Family Law Group. She, along with Partner Philippa Cunniff, is qualified to practise collaborative family law.