I was interested to read the most recent statistics from our family law colleagues in the USA (Florida Academy of Collaborative Professionals) which reinforced the results from an earlier International Academy of Collaborative Professionals' study showing that most clients who embark on a Collaborative divorce case are able to resolve matters by agreement away from the courts. More information about Collaborative Practice can be found at https://brodies.com/expertise/individuals-and-families/collaborative-practice
The US experience of at least 90% success mirrors my own involvement in approximately 80 such cases in Scotland in the last 12 years.
Previous blogs have highlighted how Collaborative practice works
So why do I think Collaboration more likely to lead to successful resolution than a more conventional approach?
My top ten reasons are as follows-
- The lawyers involved in Collaborative practice are experienced, highly trained and receive ongoing specialist training;
- Support is available within the process from Collaborative coaches and financial specialists who undergo similar training;
- The clients make a commitment to open and honest disclosure of their financial documentation;
- The clients undertake to prioritise the children of their relationship;
- All experts such as surveyors and business valuers are instructed on a joint basis;
- The process focuses on mutual interests rather than legal entitlements, providing opportunities for more flexible agreements;
- Protracted correspondence between the lawyers is avoided;
- Negotiations take place face to face in joint meetings;
- A written agreement is signed providing for both lawyers to be excluded if either client decides to litigate; and
- Collaborative practice is likely to be more efficient and cost effective than the adversarial approach used in litigation or arbitration.
With nine Collaboratively trained solicitors across its offices in Aberdeen, Edinburgh and Glasgow, Brodies is well placed to offer this dispute resolution option to its clients.
If you would like more information please contact Shaun George on 01224 392 531 or by email [email protected]