IT’S GOOD TO TALK

January 2009

With Tuesday 20th January traditionally the day when divorce lawyers receive the most calls from frazzled couples instructing divorce proceedings, Scottish law firm, Maxwell MacLaurin, is hoping that the introduction of an innovative type of dispute resolution to Scotland, collaborative law, will make the inevitable separation as painless as possible.

Maxwell MacLaurin is one of a growing number Scottish firms offering the collaborative family law service which involves the couple and their solicitors attending a succession of round table discussions and working together to agree the best and most reasonable outcome for their family thus avoiding the need for court intervention and, effectively, retaining control of the decisions which are made. The procedure is aimed at helping families and in particular, looks after the needs of children. On the rare occasion that an agreement cannot be reached then the collaborative solicitors are dismissed and the couple need to appoint new solicitors if they are to pursue a court action.

Alasdair Docwra, a partner with Maxwell MacLaurin and qualified collaborative lawyer said, “Traditionally January is when we receive the most enquiries about divorce proceedings following the frantic Christmas holidays. Separation is never easy but the collaborative procedure means that effective arrangements can be made quickly and in a spirit of compromise and relative harmony. A lot of the trauma and bitterness is avoided and couples can move forward in the knowledge that even if their relationship has failed they have dealt with matters in the best way possible. It’s a quicker and more cost effective way of negotiation”.

Since Maxwell MacLaurin launched the service both Alasdair Docwra and his colleague Alison McKee, who is also collaboratively trained, have found that more and more clients are taking up this service and have observed a remarkable difference in the wellbeing of the people involved who no longer feel intimidated by the possibility or trauma of court action. The service is also available to separating co-habitees and civil partners.