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Collaborative Law is a legal resolution method aiming at resolving family disputes, specifically in relation to divorce and separation, in a manner where all parties involved work together cooperatively. In Glasgow, Collaborative Law is largely applied in the area of Family Law where divorcing or separating couples seek to avoid court proceedings. These individuals, alongside their solicitors, work together in a series of meetings to discuss and negotiate the terms of the settlement.
You might require the assistance of a lawyer specializing in Collaborative Law when you're dealing with divorce or separation and wish to avoid the potential stress, cost, and unpredictability of court proceedings. A lawyer can guide the process, assisting all parties in negotiating settlement terms and ensuring that all discussions and decisions align with the legal requirements. Lawyers offer essential support in preparing documentation and in facilitating a constructive dialogue during the meetings.
The Family Law (Scotland) Act 2006 is the primary legislation governing Family Law matters in Glasgow, including the areas where Collaborative Law is most commonly used. It covers aspects such as the procedural requirements for divorce, the division of matrimonial property, and issues related to children like parental responsibilities and rights. Collaborative law solicitors must maintain a respectful, non-confrontational approach, ensuring transparency and negotiating in good faith.
The lawyer in Collaborative Law is an advocate and a guide, offering advice on legal matters, facilitating conversations, ensuring that the proceedings are dutifully respectful and constructive, and assisting in document preparation.
If a resolution cannot be reached through the collaborative process, parties may then decide to proceed with traditional litigation. In such cases, new solicitors should be appointed as your collaborative lawyer will typically not represent you in court.
Generally, Collaborative Law tends to be less expensive than traditional court proceedings, mainly because it avoids the costs associated with court appearances and the process can be quicker.
While the focus of Collaborative Law is family disputes, the principles can be applied to a variety of civil disputes where parties have a willingness to resolve their differences amicably.
Yes, both parties should hire their own lawyer who is trained in Collaborative Law to ensure a fair negotiation and settlement.
You could reach out to professional bodies like the Consensus Collaboration Scotland and the International Academy of Collaborative Professionals, both of which maintain directories of Collaborative Law professionals. Additionally, the Sherlock and Coyle Family Law Clinic in Glasgow offers free initial expert advice in Family law and other areas of civil law.
If you need legal assistance in the area of Collaborative Law, start by identifying a solicitor in Glasgow who is trained in Collaborative Law practices. Schedule an initial consultation to discuss your situation, understand the process better, and determine if the collaborative approach is right for your situation.
