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Reduce any stress associated with your separation – Family Law Solicitors Scotland – Separation agreement

Unquestionably, being separated from your companion is among the most stressful circumstances one can experience. In addition to the challenges associated with the dissolution of your relationship, you may also be concerned about the well-being of your children, secure housing, and financial stability. Significantly contributing to the fact that many individuals feel completely overburdened when they separate is the unpredictability of their situation and what will transpire.

It is evident that such worries and concerns are frequently exacerbated in court.

Parties appoint a third party (the judge) to make decisions regarding them and their offspring by appearing in court. There are instances where a judge’s ruling may not be particularly agreeable to either party, but that does not mean they are obligated to abide by that ruling. A lengthy duration may elapse between the commencement of the final hearing and the judge’s issuance of the decision in a court case.

Judgement is prohibitively expensive and rigid. Additionally, it tends to polarise political parties and solidify their respective stances. This not only complicates the court procedure but also may have enduring consequences for the married couple and any minor children involved.

An approach that could potentially alleviate the strain associated with a separation case is the utilisation of alternative dispute resolution (ADR) alternatives.



Such an option includes collaboration. The collaborative process emphasises the discovery of constructive resolutions and is characterised by a lack of confrontation. Welcoming and polite conversations occur in the context of both parties and their legal representatives at the table. Attendance at meetings may also be extended to other professionals, such as financial advisors and family consultants, who have also undergone collaborative training. By eliminating the need for lengthy emails and correspondence between solicitors, the structure of meetings can reduce costs and misunderstandings.

Collaboration case parties and their respective solicitors are required to execute a participation agreement. This agreement establishes the framework for the procedure and holds all parties accountable for conducting themselves with integrity and esteem during its course. Significantly, it comprises a commitment to refrain from employing the court system as a means of intimidation. If negotiations fail and either party wishes to pursue legal action in court, both solicitors will be required to withdraw and replace them with new counsel. This is a beneficial addition that assists all parties in concentrating on a constructive resolution that benefits all.The structure allows for the scheduling of meetings at the convenience of the involved parties. Crucial, time-sensitive matters, including provisions for children and interim finances, can be expeditiously deliberated and resolved due to the structure. Further deliberations on enduring concerns can occur during subsequent meetings, provided that pertinent data, including financial vouching, becomes accessible.

By participating in the collaborative process, a separated couple can maintain autonomy over their separation. They may freely consider all viable alternatives and devise a solution that is satisfactory to both themselves and their offspring. Additionally, it enables them to consider elements that may be significant to them but may not be as pertinent in a courtroom setting. Parties are more empowered when they feel in control of and accountable for the outcome of negotiations. Additionally, the fact that all discussions occur around the table facilitates communication between all stakeholders. This can significantly contribute to the improvement of the parties’ long-term relations. It is impossible to exaggerate the significance of effective communication in scenarios involving children.



Mediation is an alternative possible option. Through discussions facilitated by a mediator, parties are allowed to reach a peaceful and constructive resolution to their separation through mediation. The mediator’s fairness and autonomy enable the parties to concentrate on mutual understanding and effective communication. This can assist the parties in locating areas of agreement and devising a viable course of action that benefits both the parties and their family.

Once more, mediation’s structure provides the opportunity for meetings to be held at a time that is convenient for all involved parties and the mediator. Like collaboration, crucial and time-sensitive matters may be addressed initially, followed by discussions on more permanent arrangements in a subsequent session.

Additionally, parties have the option to retain authority over their separation through mediation. They can negotiate and reach a mutually beneficial agreement for themselves and their family.

An additional alternative that can be extraordinarily advantageous for future communication between the parties is mediation. Having children is extremely significant and can contribute significantly to the development of a prosperous co-parenting relationship in the future.

Once an agreement has been reached between the parties in a mediation case, they will be required to retain legal counsel to compose the necessary contract document.



Arbitration should be the final alternative dispute resolution (ADR) option being contemplated. In arbitration, a legal proceeding in which the disputing parties designate an arbitrator to render a decision on their case. It can be an excellent alternative when both parties require the assistance of another individual in reaching a decision. The parties are bound by the arbitrator’s decision, which provides them with certainty.

One of the primary benefits associated with arbitration is the capacity to select the arbitrator. The selection of an arbitrator with the requisite expertise for the parties’ case can be guaranteed.

The court is significantly slower and less adaptable than arbitration. The parties may request the arbitrator to render a decision on a confidential matter that, once resolved, could potentially allow them to pursue an alternative alternative dispute resolution (ADR) alternative. For instance, if an arbitrator establishes the date of separation, the involved parties might subsequently engage in mediation to negotiate a financial settlement predicated on that date.

The fact that arbitration can occur at a time, place, and date that is convenient for all parties is a significant benefit. It is considerably more agile and rapid than the court.

An additional significant benefit of arbitration is the expanded potential for confidentiality in comparison to the justice system. When confidential matters are at stake or when the financial standing of the parties may be of interest, this can be especially advantageous.

While arbitration does not grant the parties the ability to reclaim authority over their settlement, it does provide a more expeditious and economical alternative that can only be advantageous and aid in mitigating the strain experienced by a divorcing couple.


Family Lawyers- Solicitors Scotland legal advice

We have lawyers with specialised training in family law arbitration, mediation, and collaborative law. We will consistently guide the most effective course of action to advance and resolve your case, taking into account your unique circumstances and requirements. Please contact us for further discussion.