Training in family dispute resolution — a collaboration to celebrate

When couples separate, they invariably need support to deal with the emotional, legal and financial consequences. This year marks the 15th anniversary of a collaboration to ensure that support is as integrated and helpful as possible.

Three organisations have been involved in running a year-long course, the Portfolio of Dispute Resolution in Family Separation training, since 2010: CALM Scotland (for family law mediators); Consensus (for family lawyers, financial advisers and psychotherapists who are qualified to use collaborative practice); and Scottish Mediation (for professionals from a variety of backgrounds who have trained in mediation skills).

Strong foundations

Experienced trainers from backgrounds in law, mediation, psychotherapy, child psychology and research in dispute resolution provide full-day and half-day training courses in negotiation, interpersonal relationships, the impact of stress and loss, domestic abuse, child psychology and children’s reactions to separation. Training teams deliver the two-day training for collaborative practice and three-day training for mediation. 
Those who undertake the training report how much it has improved the way they practice and understand other professionals involved, and the clients who use the processes express their appreciation.

Another bonus is the reciprocal benefit experienced from having people with mediation experience but no legal background training alongside people with a legal background but no mediation experience.

Its success is something to celebrate in the current adversarial climate.

Positive outcomes

Ewan Malcolm, a previous convenor of CALM, was practising as a family lawyer and trainer when he was involved in developing the training courses that now make up the Portfolio. Now working as a trainer and conflict coach, he comments:

“I have been delighted to see how the Portfolio has helped family lawyers move beyond traditional adversarial approaches to offer clients something more humane and constructive. The diverse training over the year equips practitioners to understand the emotional and psychological dimensions of separation, which means they can support families with greater sensitivity and insight.

“Feedback from participants consistently describes how the cumulative impact of the portfolio has deepened their practice and broadened their perspective. The result? More thoughtful, less combative outcomes – and families who feel empowered rather than defeated. Clients often say they feel genuinely listened to and better able to navigate difficult transitions.

“It has been my privilege to contribute to this collaborative effort over the last 15 years and, particularly, to work alongside the Portfolio’s guiding light, Anne Dick.”

Early support

Planning for a sustainable separation is a tall order since it is likely the clients will be adjusting to major changes and making life-changing decisions at a point of least resilience and psychological resource. 
Psychotherapist Myra Eadie has been involved from an early stage in the development of the collaborative process and the evolution of Consensus. She observes:

“I have experience of working within the process alongside family lawyers and can share with conviction [that] seeking and receiving that emotional support at the beginning of the process can benefit each and everyone involved. The aim is to deliver the best outcome for parents and children. 
“Separating couples and their families benefit from emotional support from the start of a process that can be very challenging on many different levels.”

Impact on children

The impact of separation is felt far beyond the couple who are splitting up, affecting family and friends. In particular, there will be a profound impact on any children involved.

Carol Hope, who is a mediator, mediation trainer and mediation supervisor, says:

“I have delivered the Portfolio module which deals with the impact of separation and divorce on children and young people for a number of years now. The one thing that stands out for me is how important it is for mediators to have a basic understanding of child development. This helps us understand how separation and divorce can impact on a child’s development and subsequent behaviour.

“Emerging issues for us as mediators are the increase in mental health issues for children, the increase in diagnosis of children with additional support needs, the effect of social media on young people and issues relating to gender identification.

“As mediators we need to understand the world through the lens of the children and young people we work with, and sharing our experiences during this training is the perfect way to do this.”

Professional benefits

The Law Society of Scotland has been a great source of support and encouragement, and  was quick to endorse the idea of lawyer mediators and set up the necessary accreditation procedures.

The Portfolio programme emerged in 2010 from more piecemeal training by CALM and Consensus. Nicos Scholarios of MSM Law, whose involvement with CALM dates back to pre-2010, notes:

“The different organisations and backgrounds collaborating and the skills learned benefited my legal practice more widely, even in non-family matters, and in most cases the outcomes achieved for clients. The course content has provided invaluable non-legal learning, and the skills and strategies learned on the Portfolio are easily transferable to wider legal practice.”

The Portfolio’s 15th anniversary is a fitting time to ensure that family lawyers are aware of the opportunity to extend their practice.

Kate Bradbury of Brodies, the latest recruit to the Portfolio training team, says:

“Undertaking the training and becoming a collaboratively trained lawyer has opened my eyes to a new way of advising clients which centres on shifting the focus from legal entitlements to mutual interests. It has also given me access to a nationwide group of supportive, friendly and dedicated professionals who champion this practice.”

Take part

Anyone who is interested in training in collaborative practice or family mediation can request details of the Portfolio training programme from Karyn Lennon (Blackadders/Consensus) or Anne Kelly (MTM Family Law/CALM).