With increasing court backlogs and delays, more divorcing couples are finding alternative ways to resolve family disputes, moving the goalpost from a combative to a more collaborative approach where everyone commits to hearing each other’s point of view. In family law, this may mean mediation, arbitration, or using collaborative lawyers in a roundtable meeting. But what is a roundtable meeting? And how does it work? This article delves into the details.
With increasing court backlogs and delays, more divorcing couples are finding alternative ways to resolve family disputes, moving the goalpost from a combative to a more collaborative approach where everyone commits to hearing each other’s point of view. In family law, this may mean mediation, arbitration, or using collaborative lawyers in a roundtable meeting. But what is a roundtable meeting? And how does it work? This article delves into the details.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Liza Gatrell. Vicki is a trusted and highly capable family lawyer and divorce solicitor and a Partner at the specialist family law firm, Stowe Family Law.
What is a roundtable meeting?
A roundtable meeting is a collaborative discussion between a former couple and their legal representatives to negotiate and resolve divorce disputes surrounding finances and children outside of the court environment. It is important however, that children and financial issues are not discussed in the same meeting. This is to ensure that decisions concerning what is best for the children are not influenced or coloured by discussions relating to the finances.
In these meetings, you and your lawyer, and your ex and their legal representative, meet around the table to discuss your case and the issues that need to be addressed. Round table meetings can be arranged in such a way that suits your circumstances, and may also involve other professionals who are working with you. This could be an accountant, for example, for those who have business interests requiring an expert point of view.
Why should you consider having a roundtable meeting?
These types of meeting can be useful in discussing how to move the case forward or for financial disclosure. They can also progress negotiations in person rather than through more long-winded correspondence, help agree interim arrangements, and even reach a settlement. The meeting takes place on a without prejudice basis which allows the parties and their advisors to speak freely without fear that what is discussed will later be used against them in court proceedings if they cannot reach an agreement.
How many meetings do you need?
The number of meetings will depend on the circumstances of your case. If your case is relatively simple, or you have more modest means, you may only need one meeting of around 1 – 3 hours. But in more complex cases, you may need three or four meetings to resolve the issues. If you have both children and financial issues to resolve, they will be dealt with in separate meetings, which may increase the amount of meetings required.
What happens at a roundtable meeting?
Although parties and their solicitors may have separate rooms to discuss their positions confidentially, the roundtable meeting, where possible, takes place in one room with the parties gathered together. Once the lawyers have outlined their positions, the parties come together to discuss and negotiate. As stated above, because the meeting is conducted on a without prejudice basis, what is discussed cannot be used in court if an agreement is not reached.
The meeting will take planning and should have a clear and understood purpose. There are no other rules other than those agreed between the parties for the purposes of the meeting.
The structure of the meeting is generally as follows:
- The solicitors often begin with brief statements outlining each party’s position on the matter at hand (e.g., children or financial arrangements).
- The parties, through their solicitors, engage in discussions, identifying areas of agreement and dispute. Negotiations take place with the aim of finding compromises.
- Rather than adversarial back-and-forth, the roundtable aims to solve specific issues, with parties collaboratively exploring options.
What happens after the meeting(s) have concluded?
If you reach an agreement, your respective solicitors will draft a court order. Both parties will agree and sign the proposed order in a final meeting, which is then filed at court for approval. If you cannot agree, there may be no other option but to make an application to court to resolve the outstanding issues.
What are the advantages of using a roundtable meeting?
- Roundtable meetings focus everyone’s mind on the issues in dispute and there is a genuine attempt by all concerned to find a solution, rather than asking a judge to make a decision for them. Psychologically, this can be extremely important because no party feels disempowered.
- Roundtable meetings usually tend to be more cost effective than going to court. In some cases, reaching a settlement at a roundtable meeting can reduce legal costs by more than half.
- They are less stressful than going through the court process.
- They create a collaborative approach where decisions are agreed upon rather than imposed.
- Facilitate better communication and discussion of ideas and views
What are the disadvantages of using a roundtable meeting?
As with any form of dispute resolution, there can be disadvantages:
- Lawyers can dominate the meeting resulting in the parties sitting as observers rather than participants
- Roundtable meetings can be expensive, particularly if you have taken part in meetings which end without an agreement being reached
- The meetings can sometimes feel quite intense and tiring for all parties because of the pressure in trying to reach an agreement. Tiredness can result in mistakes being made or important issues that needed to be addressed, forgotten.
- Roundtable meetings will not work if either party refuses to listen to the other and they are determined that their outcome is the only one they will accept.
- If parties are stuck in their positions, there is no judge to give them guidance.
Are there any other non-court dispute resolution options?
If you are determined to avoid court, the following dispute resolution options may suit your circumstances:
- Mediation, shuttle mediation (where parties do not have to be in the same room as each other) and child inclusive mediation where the mediator obtains the view of the child as part of the process;
- Arbitration, this is where an arbitrator is appointed by the parties to make a final and binding decision
- Private financial dispute resolution hearing where the parties recreate the middle stage court hearing and privately appoint a judge themselves who assists the parties with their negotiation. However, this does not impose a binding decision.
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