This allows both parties to directly negotiate the matters of dispute between themselves by using solicitors. This usually occurs in the form of written correspondence to discuss the issues that require to be addressed. The desired outcome of negotiation is that both parties reach an agreement without being required to raise court proceedings.

A divorce is the legal termination or end of a marriage otherwise than by death by the granting of a Decree of Divorce. Dissolution is the term given to describe the legal termination of a Civil Partnership. A divorce or dissolution will be granted by the Sheriff Court or the Court of Session.

Mediation involves both parties attending mediation sessions in the presence of an impartial third party mediator. Both parties must be willing to sit down with one another and engage in constructive negotiations. If an agreement is achieved both parties can then go back to their solicitors and enter a binding written agreement.

The collaborative process is based on a contract involving both parties and also their solicitors committing to openly engage and act with respect and integrity throughout the process. Collaboration occurs by a joint meeting or series of joint meetings around a table to negotiate matters. No correspondence takes place in-between the joint meetings. Other professionals can be brought in to the process if their expertise is required. As part of the contract entered, both parties agree that they are unable to instruct their solicitor to raise a court action if the negotiation fails.

The Family Law Arbitration Group Scotland (FLAGS) is a group of qualified legal practitioners appointed as Arbitrators. Arbitration is helpful in cases where there is an issue of principle where collaboration or mediation is not suitable and the case demands a decision. It avoids the requirement of the parties going to Court with the benefit that once the Arbitrator has made their decision it is binding.

This involves the raising of a court action at a Sheriff Court or the Court of Session. This may be appropriate in situations whereby a court order is required as a matter of urgency or where all attempts of negotiation have been unsuccessful. Although the Courts are able to grant binding decisions, the length of procedure, particularly involving children can be lengthy and expensive. Both parties should be aware that once a Court action is raised, a degree of control is removed from both parents and rests with the deciding Court. The outcome of a Court Order may not be satisfactory to either parent but is ultimately what the Court considers to be in the best interests of the child.