When it comes to resolving family disputes, especially those involving issues around children, choosing alternative dispute resolution (“ADR”), where appropriate, rather than court can result in an amicable resolution.
At d and h, we know that families benefit from approaches that are both effective and empathetic.
The two common routes are traditional court proceedings and ADR. ADR usually refers to mediation, arbitration or collaboration, two separate ADR processes. Let’s explore what sets them apart and why mediation could be your most constructive option.
Going to Court
Going to court should be a last resort where matters cannot be resolved by any other means. Sheriffs issue residence and contact orders based on what serves the child’s best interests, under the guidance of the Children (Scotland) Act 1995. However, this option also brings:
- High stress levels and emotional strain for families.
- Substantial time and financial costs.
- A lack of direct control, with outcomes determined by legal process rather than consensus.
What Is ADR
ADR is an alternative way of seeking to resolve disputes without going to court. At d and h we are able to offer Collaboration.
Collaboration
1. What is Collaboration
In collaboration, parties along with their collaboratively trained lawyers, agree that all negotiations and discussions will take place around the table (or online) during collaborative meetings. Parties and their solicitors sign an agreement whereby they confirm that they will not go to court. If the collaboration breaks down, parties each have to instruct new solicitors (and firms) to progress any court action.
2.What are the Advantages of Collaboration
Collaboration allows parties to control the process. It avoids solicitors’ letters going back and forth and matters can be discussed round a table. Parties reach agreement between themselves with the help of their legal advisors rather than a sheriff imposing a decision on them. Although collaborative meetings involve difficult conversations, it can often mean that parties’ are able to have some relationship going forward rather than being entrenched in court proceedings.
Court intervention: When it becomes necessary
Some cases are not suitable for ADR. For example where there has been
- Alleged abuse, neglect, or substance misuse.
- Situations where a child’s safety could be at risk.
In such cases, courts may grant supervised contact or specific restrictions to protect the child. At d and h, we handle such complexities with sensitivity and robust legal guidance.
With friendly, responsive support rooted in local knowledge, our team will help you decide whether mediation or court is best suited to your situation. Our focus is always on achieving practical, welfare-centred outcomes for families across Shetland, Orkney, Caithness and Sutherland.
If you’re facing a family dispute, get in touch. We’ll help you explore the most respectful, efficient, and effective path forward - minimising conflict and maximising your ability to protect what matters most.
Contact us today at www.dandhlaw.co.uk to arrange a friendly, confidential chat.