Financial Remedy and Private Law Children barrister, Patrick Goodings, examines Round Table Meetings in Family cases.
‘Knights of the Round Table - The New Age of ADR’
Round Table Meetings
Increasingly in Private Law cases, the CAFCASS initial safeguarding letter recommends mediation and/or that the parties simply agree the arrangements for a child(ren), in default of which the matter is listed for a Final Hearing, allowing the Court to decide. This approach has some downsides. The parties will at the very least have had the opportunity to attend a Mediation Information Assessment Meeting (MIAM), which by virtue of the issued proceedings, failed to resolve matters. Similarly, once proceedings have been issued the parties’ positions may be becoming increasingly entrenched.
One possibility, when faced with such a recommendation, or indeed at any stage, is to arrange a Round Table Meeting in an effort to settle matters.
The meeting itself can be bespoke and tailored to suit the needs of the parties. This can be important for those who find the Court process intimidating or overwhelming. Below are some suggestions as to approach and format that have helped in the past.
At Court
- State in the Court Order that the parties are arranging a Round Table Meeting and provide directions for an itinerary to be served in advance. It may be a good idea at this stage to provide a contingency timetable in the event that the parties are unable to settle.
Before the Meeting - As each party will pay legal fees for such a meeting, there is a ‘buy in’ to the process which may foster agreement.
- Select a venue. Preferably somewhere with at least 3 separate rooms and set aside a day to deal with all the issues. This will avoid either party feeling ‘under pressure’ to agree.
At the Meeting - Arrange lunch. It might seem like a small thing, but having a bite to eat and a cold drink could just take the edge off an emotionally charged situation and allow everyone to feel more at ease within the process.
- Work through the issues, it might be that one party provides a proposed draft order and amendments are made and so forth. The benefit of the bespoke meeting is that it can be conducted in any way the parties would wish.
At the end - (Hopefully) At the end provide a draft agreed consent order which the parties can sign. This order can then be sent to the Court informing the Judge that the matters have been agreed and asking that the matter is finalised on that basis.
Whilst not the appropriate solution for every family dispute, the Round Table Meeting provides an engaging and thorough solution for some cases which can bring matters to a conclusion very quickly.
Patrick Goodings for the Applicant and Rebecca Jackson of Riley Langdon Solicitors for the Respondent recently conducted a Round Table Meeting at Trinity Chambers on Newcastle’s Quayside. Commenting on its outcome:
- ‘The meeting was conducted politely and professionally with each party having their views considered and working collaboratively towards an order which will work for them. The process being ‘removed’ from the adversarial setting of the Court gave the parties breathing space which allowed them to compromise a number of contentious issues’
Patrick Goodings - ‘Being away from the court environment but with the advantage of having experienced legal representatives present, allowed the parties to feel comfortable negotiating. The parties put the needs of the child first; they came together, putting aside any differences they may have had with one another, for the benefit of the child. The outcome was an order agreed by both parties.’
Rebecca Jackson
Patrick Goodings
Patrick has a particular expertise in financial proceedings arising from relationship breakdown. He advises and represents clients with assets from the very small to the substantial in all aspects of financial remedy proceedings as well as under Schedule 1 CA 1989 and TOLATA 1996.
In addition, Patrick has considerable experience in Child Protection matters. He deals with cases involving the most serious of issues, including domestic abuse, parental alienation and emotional abuse, physical abuse including sexual abuse and those with international and complicated relocation arguments.
Patrick is also instructed in child abduction matters and has dealt with High Court applications under the Hague Convention as well as international cases involving Non-Hague Countries.
His practice is recognised in the leading legal directories, recent entries include:
"A highly skilled, level-headed advocate, who is approachable and well-prepared"
"Patrick is a confident and committed advocate - efficient and incisive. He is empathetic and very personable, with very sound judgement."
"Patrick has an excellent capacity for putting parties and witnesses at ease. He always strives to ensure that fairness is achieved for vulnerable parties. He always demonstrates willingness to go the extra mile for his clients and represents them fearlessly and with endless energy."
Legal 500