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Collaborative Law is a form of dispute resolution. All negotiations take place in “four way settlement meetings” so both clients and their respective Solicitors attend. This cuts out the difficulties and costs associated with prolonged negotiations or lengthy court proceedings.
Here at Munro & Noble the wellbeing of our clients is at the forefront of our minds when dealing with stressful situations, particularly relating to separation and divorce. Both myself and Karen Cowan are collaboratively trained Lawyers. We are advocates of the Collaborative Law process and have seen first hand how well this works. When a relationship or marriage breaks down and people separate, it is far better for all of those involved, including children and extended family and friends, if arrangements, relating to their separation, are made in a respectful and contained environment by way of discussion, and always with what is in the best interests of all involved at the forefront of our minds. This avoids the inevitable acrimony and costs involved in going to Court where terms of settlement will be imposed upon both by a Sheriff or Judge. Whilst this can involve some difficult and upsetting discussions, any agreement reached will represent a better way forward. Whilst the relationship between the separating couple may have ended, the wider relationship with family and friends should not come to an end.
In my experience I have found that the collaborative process re-enforces the need to avoid litigation and instead afford separating couples the opportunity to choose the right way to formalise their separation.
“Thank you for guiding me towards the collaborative process. I feel battered and bruised but strangely elated to have reached a settlement that works for me, for my husband and for our two boys”. (A Client 2015)
I am sure that even the most cynical amongst us could not help but acknowledge these profound words.
Mary Nimmo Court Partner