Our mediation and conflict resolution team has experience in advising and representing clients through alternative methods of dispute resolution, where litigation is not always the best answer.
Mediation can be a practical alternative to court proceedings or tribunals. It is a voluntary procedure whereby an independent and impartial mediator assists parties to a dispute; facilitating discussion of the issue and encouraging them to reach a mutually acceptable solution.
Mediation tends to produce rapid results, in contrast with litigation which can often be lengthy, time-consuming and expensive.
It is a flexible procedure which can be effective in resolving disputes in many areas, with it being particularly suited to resolving family law and employment law conflicts.
In Scotland and across the UK, expertise in mediation and conflict resolution has become invaluable in both the private and public sectors. Recent developments in policy and legislation will potentially transform the way disputes are resolved in Scotland and, indeed, the Government has indicated mediation as a key component of their vision for dispute resolution.
In divorce and separation proceedings, it can be difficult for couples to amicably discuss and agree on all of the factors that must be considered, especially in relation to financial arrangements and matters associated with children. Mediation can therefore be particularly useful in this situation as it facilitates structured communication. The mediator will encourage and assist parties to reach suitable arrangements.
This will generally result in a better outcome for both parties and any children they may have together as it ensures all the factors and implications of separation/divorce have been fully considered and suitably provided for.
Furthermore, it is likely that resolving issues in mediation will be less stressful than having to do so in court proceedings which can be more traumatic - especially the case when children are involved.
Mediation can be an ideal solution for employment law disputes.
In a workplace, disputes between colleagues, team members, employees or employers have the potential to waste a great deal of time and energy and can be of great expense to a business.
Additionally, formal internal conflict resolution procedures and employment tribunals can be costly to undertake and can result in further disruption and breakdown between relationships in the workplace.
Mediation can be a more cost-efficient and effective solution.
As mediation tends to be a quick process in comparison with litigation, the issue can be dealt with swiftly, allowing for business to return to normal as soon as possible.
Moreover, as both parties in mediation procedures must agree to the terms of the resolution, it is likely they will find it to be more satisfactory than a solution imposed by a third party decision maker. This leaves potential for the employment relationship to be preserved or developed once the dispute is resolved. Conflicts and disputes are common place and almost inevitable in business, therefore it is important that organisations have an appropriate strategy on how to deal with them to minimise disruption and cost.
Family law cases involving sensitive and emotive matters are often best addressed through collaborative practices that allow for a shared agreement to develop between the parties, avoiding acrimonious disputes in court that can undermine ongoing relationships and precious family dynamics. If you and your partner are considering divorce or separation, contact Miller Samuel Hill Brown Solicitors for advice on collaborative practice. Our team of expert family law solicitors will work closely with you to understand your specific family circumstances and advise you on the best path to resolution.
The collaborative practice is a process designed to support separating or divorcing couples in resolving their differences together, without seeking to rely on a decision made by the courts. The aim of this process is to allow separating couples to identify and focus on the issues most important to them, with particular focus on any children. Collaborative practice allows for bespoke agreements to be reached between parties, reflective of their unique family circumstances and shared ongoing matters of importance.
Through collaborative practice, our family lawyers can assist couples to apportion their assets, establish childcare arrangements and agree on any other matters that require to be considered as a result of separation. We will support and advise you to make the best decisions for you and your family in a non-confrontational and cooperative manner. Our solicitors will represent your best interests, but also seek to support you in maintaining a harmonious and positive relationship with a former partner.
All negotiations will take place during face-to-face meetings, with separate collaborative practice solicitors representing both you and your former partner. We will work together to establish shared and enduring solutions that work for all parties involved. It is our responsibility, as your solicitor in this process, to ensure discussions remain focused, productive and on track. You will be required to commit to the process from the outset by agreeing to use collaborative practice to settle outstanding matters arising as a result of separation or divorce, without seeking court action. Once a mutually beneficial settlement is agreed, we will convert this into a legally binding document for both parties to rely on.
Collaborative agreements have the unique benefit of being entirely bespoke to your circumstances. For further advice regarding collaborative practice, contact one of our specialist solicitors on 0141 221 1919 or fill out our online contact form.
At Miller Samuel Hill Brown we recognise the strengths of mediation as a cost-efficient and effective method of dispute resolution. Our Employment and Family Law Teams have years of experience in conflict and dispute resolution, including, mediation. One of our leading solicitors in this area, Marie Macdonald, partner and head of our Employment Unit has also recently gained a Postgraduate qualification in Mediation & Conflict Resolution with Merit.