Collaborative
The Collaborative process is one whereby parties can contractually commit themselves to negotiate in a respectful and open manner. In Collaboration, separating couples meet together around the table with each of their Collaborative Lawyers, to enable the negotiation regarding arrangements for the future to take place in a calm and respectful environment. Both parties and their lawyers sign up to a contract confirming that all negotiations will take place in the four-way meetings. There is no need for protracted correspondence between lawyers. Parties also agree not to refer their issues to Court. After each meeting, a summary is produced, and any necessary tasks are allocated, for example, regarding information gathering, or obtaining documentary evidence, or necessary valuations. The Collaborative process enables separating couples to openly and respectfully discusses their special issues, whether in relation to child contact, or residence, or financial issues like aliment or division of matrimonial property. Both parties will be encouraged to consider arrangements for the children, making sure that the children's needs are fully catered for. The matrimonial assets and liabilities will be identified and documented. The parties and their Collaborative Lawyers will explore the options for division of matrimonial property, and if an agreement is reached, a legally binding Separation Agreement is drawn up and signed. In the Collaborative process, a financial specialist or family consultant, or both, may be instructed. More information may be found on the Consensus Scotland website.
The Collaborative process is one whereby parties can contractually commit themselves to negotiate in a respectful and open manner. In Collaboration, separating couples meet together around the table with each of their Collaborative Lawyers, to enable the negotiation regarding arrangements for the future to take place in a calm and respectful environment. Both parties and their lawyers sign up to a contract confirming that all negotiations will take place in the four-way meetings. There is no need for protracted correspondence between lawyers. Parties also commit themselves to not referring issues to Court. After each meeting, a summary is produced, and any necessary tasks are allocated, for example, regarding information gathering, or obtaining documentary evidence of necessary valuations of assets or liabilities. The Collaborative process enables separating couples to openly and respectfully discusses their special issues, whether in relation to child contact, or residence, or financial issues such as day-to-day expenses, aliment or periodical allowance, or division of matrimonial property. Both parties will be encouraged to consider arrangements for the children, making sure that the children's needs are fully catered for. The matrimonial assets and liabilities will be identified and documented. The parties and their Collaborative Lawyers will explore the options for division of matrimonial property, and if an agreement is reached, a legally binding Separation Agreement is drawn up and signed.
In the Collaborative process, a financial specialist or family consultant, or both, may be instructed. More information may be found at www.consensus-scotland.com