If negotiation direct between the parties and the process of mediation is unsuitable for a couple, this does not mean that all cooperative processes are unsuitable to resolve matters. Sometimes putting lawyers back in the room is exactly what is needed. This can even out the power dynamic between the couple but is also useful in cases where complex discussions may be needed around tax, pensions and the issues that may impact the viability of an agreement being reached. Using either the Collaborative or round table process also allows other experts to be invited to provide neutral reports or consider likely outcomes. What becomes critical to the success is the approach of the lawyers. Clients often take their cue from their lawyers in these types of meetings and the tone and intention set at the beginning can make or break progress. It assists to use lawyers who have experience of round table and Collaborative working. If one of the couple already has a lawyer, it is often a sensible starting point to ask that lawyer for information about who may be suitable as a lawyer for the other. If the lawyers already have a professional relationship, with mutual trust and respect, this will enhance the process.
Both the Collaborative and round table processes have common ground in that the issues are identified with progress made thereafter, principally by way of meetings, to work through further information required to achieve solutions. It is a cooperative process so if it is not working then either of the parties can exit or the solicitors can conclude that an alternative approach is needed. Both approaches can cover the range of issues that are causing the difficulties between the parties which could be interim financial arrangements, children arrangements, asset division, future planning and whatever else is needed to be resolved for a final agreement to be obtained.
The difference between Collaborative and round table processes
For Collaborative cases each solicitor needs to be qualified as a Collaborative lawyer and the parties and the solicitors sign up to a contractual agreement. This contractual agreement specifies that the intent is to be constructive in approach. If the process breaks down the Collaborative solicitors cannot continue to act for the respective parties. For round table working, there are no contractually defined rules that apply. The manner of working is agreed on a case by case basis. The basic rules for example may cover some of the same principles as the Collaborative approach although there can be more flexibility about how the case is approached. If the round table process breaks down there is no requirement that the solicitors end their involvement with the respective clients.
There are more cases where only one party is legally represented. For a Collaborative approach, both parties need to have solicitors who are Collaboratively trained. For a round table approach it is possible to agree round table work where one party is not represented by a solicitor. This needs careful thought on how the process should be managed so that it can be a safe working process for everyone in the room.
The Collaborative and round table approaches can be used, where appropriately assessed, for difficult cases. It may be that the subject content is complex or it may be that there is a difficult relationship between the parties. The common ground for both approaches is that the parties and any solicitors involved focus on the common sense benefit of using a cooperative process progressed in the main by meetings to achieve solutions, thereby avoiding the cost, time and energy of a court based process.
If you would like to find out more about the collaborative process, please contact a member of the Family Team, and we will be happy to advise. Contact the team 01473 232121 or ghall@prettys.co.uk.
