What To Expect In The First Mediation Session

If both of you are willing to move ahead to a first mediation session, and your mediator thinks your case is suitable for mediation, they will fix a first mediation session.

It will depend on the issues you face as to the timing of a first session following the MIAMs.

What to expect in the first mediation Focus Mediation Blog

Our role is to offer you a safe and neutral environment where you feel able to express the issues that have been blocking for example parental arrangements or a financial settlement.

Parental Arrangements

I like to bring parents together as soon as possible to start to talk about the issues they face. The flexibility of mediation means you can bring any issues to the first session you wish to discuss.

When dealing with child arrangements we aren’t just looking at whether arrangements are possible, you can talk about the softer issues.

Why the arrangements aren’t working is often around issues of parental communication – the way parents speak to each other, or the timing of pick ups and drop offs, working up to overnight staying contact can be an issue between parents, so too the introduction of new partners particularly if you are only recently separated.

I describe the process in the first session as building a bridge, and any bridge needs firm foundations. In the first session we aim to put the foundation stones in place. Arrangements both parents are willing to sign up to for a short period of time say 4 – 6 weeks.

I ask parents to come back to another session at that point to talk about what went well and what didn’t go so well. Sometimes after the second session parents feel able to move ahead together without needing to return, and sometimes they need to know they can come back for a third session.

As they start to work well together as parents they start to build their own bridge of trust and understanding to provide that essential framework and support for their children.

Property and Finance

Couples coming to mediation to talk through property and finance are often keen to get to a resolution.

The first mediation session for property and finance follows pretty much the same financial procedures as those laid down by the court.

I usually wait 4 – 6 weeks before fixing a first mediation session. It is important that you have as much financial information as possible for the first meeting and often pension information – cash equivalent values – can take several weeks to obtain. You are paying for the sessions so it is important they are not wasted.

A bit like a jigsaw puzzle you can’t create the picture without looking at all the pieces and in the first mediation session we need you to turn over all the pieces by completing the Form E, so we can see “what’s in the financial pot”, just as you would if each of you was working with a solicitor.

Once we know what your assets and liabilities are we ask you to start to look at your needs set against what can be afforded.

Mediation is not suitable in some cases and it won’t work if one or both of you is not upfront and honest about your finances. You can’t complete a jigsaw with some of the pieces missing.

However, if you both want to get through to the other side of your financial issues and move ahead with your lives, mediation offers a collaborative and expedited way forward.

Some couples have full financial information at the first session and have already considered possible ways of splitting assets and sharing liabilities. Some couples need time to assemble their information and think about options, those couples will need more sessions.

I usually run 1 ½ hour sessions for couples in property and finance matters but if couples would like to spend half a day or a day working through issues I can do this too.

I also offer One Day Lawyer Assisted Mediation – a topic for another time.

Author: Joanna Chawla LLB FMCA , Family Mediator, London & Watford

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

A Mediator’s Guide To Separating Well

Reflecting on the start to 2019, people who are separating I have seen this month, wish to find out about how they can move forward and to try to understand how that might work.

A Mediator’s Guide To Separating Well Focus Mediation Blog Feb 2019

 

How do we get started?

The first step is to attend a Mediation Information and Assessment Meeting (MIAM.) Sometimes your solicitor will have told you that you need to see a mediator to get the court form signed, or you need to get your MIAM form. The court rules expect that separating couples, or parents, attend a MIAM meeting so that they can have the opportunity of finding out how they can get on with their lives, and out of their current difficult situation.

Part of the MIAM meeting is used by me to give you information about the mediation process and answer any questions you may have, and I assess whether the process is suitable. This gives me an opportunity to find out a bit about what is going on for you and what needs sorting out. After that, we can set up a joint mediation session if we all agree that this is the best way forward.

In case it doesn’t look like the best way forward, I also talk to you about other options. This does not just mean Court. That is not the only option. There are all sorts of options I can give you information about ranging from different types of mediation to bringing your solicitors along for a One Day Lawyer Assisted Mediation.

There are also other options to help you get towards a solution that works for you, such as jointly instructing an expert to give you an ‘Early Neutral Evaluation’. In that option it can be really helpful to ask an expert, often a specialist Family law barrister, to say what they would decide if they were your Judge or Arbitrator.

Finally, if you really do think that you need someone else to decide for you then you can either choose to ask an Arbitrator to decide for you, or you can apply to the Family Court.

After the MIAM you can think about what might work best for you, and take legal advice. It is really important that you can talk to your solicitor.

Next time- what to expect in the first mediation session:

  • Getting mediation started
  • Issues to bring to mediation
  • Get on with your own lives

Emma Bugg, Lawyer Mediator, mediates from our Hemel Hempstead & St Albans offices.

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations; Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk 

The Fears of a Divorcing Parent

A divorcing parent will often have fears about the future of their relationship with their child. If the family structure was traditional and one parent stayed at home whilst the other worked full time, it’s likely the working parent will have concerns about the level of their future involvement. Will they be judged because they weren’t as involved in the day-to-day care? The stay at home parent may also worry that they may be forced to go back to work full-time and that this might negatively impact the children. Such fears can lead to each becoming positional and this can cause conflict. The full-time working parent may fear the other parent will stop them seeing the children or will limit time to such an extent that it damages the relationship. The stay at home parent may argue that the other wasn’t very involved when they lived together and that they don’t understand why they are now insisting they spend much more time with the children. They may feel that their role is no longer valued. Obviously, there are numerous family models, and each will experience unique concerns.

the fears of a divorcing parent focus mediation blog

Communication When Divorcing

When parents decide to separate, communication may have broken down or become strained. Mediation creates a safe space for parents to work on improving their communication. They can share their concerns with one another and know they will be heard. At a recent mediation session, a father explained that he was ‘terrified’ that his relationship with his children would be irreparably damaged now he was no longer living in the same household as them. He had proposed child arrangements that meant that he would spend considerably more time with the children than he ever had before. His wife was frustrated; she had often asked him to spend more time away from the office when they were a couple. Now they had separated he was suggesting she return to work and he reduce his hours and provide some of the childcare. She felt he was dismissing her role. The wife said they had agreed to a traditional relationship and she had given up a well-paid career to be a full-time mother to their four children for the last 12 years. She worried about the impact on the children if she returned to work when they were also dealing with the breakdown of their parents’ marriage. The husband said that he needed her to return to work so that he could take reduced hours so that he could spend more meaningful time with the children. In mediation I helped them to explore each other’s concerns and fears in greater detail. They both loved their children very much and each feared the divorce would result in child arrangements that could negatively impact their relationship with the children. The husband explained that sharing a home fulltime with the children had meant that he had been able to touch base with them in the mornings and evenings and that he had spent quality time with them at weekends. His biggest fear was that he would only see them every other weekend and their close bond would deteriorate. The wife reassured him that it was very important to her that the children maintained a strong relationship with him. She expressed her concerns about returning to work; she worried about the impact on the children if she no longer did the school runs. She viewed the school runs in the same way that he had viewed touching base with the children in the mornings and evenings. They continued to share their fears and concerns in a way they hadn’t been able to outside the mediation room. The husband made it clear he wasn’t asking her to work full time and stop the school runs. This led to them together making child arrangements that they felt would help the children to cope with the changes that lay ahead. The wife found a role which allowed her to still cover all morning drop offs and a couple of afternoons. This paid less than the husband had hoped, but he was still able to slightly reduce his hours (and work from home one day a week), so he could collect the children from school twice a week. They listened and compromised so the children didn’t suffer.

So Why Does Mediation Resolve Issues That Parents Can’t?

Often at intake a parent tells me that they fear mediation won’t work as they have repeatedly told the other parent how they feel, and it has fallen on deaf ears. A mediator doesn’t have a magic wand. However, their impartiality allows them to create an environment where each parent can be listened to. Outside mediation during a difficult conversation one may have walked away, or an argument may have ensued. The mediator makes sure the discussions are fair and each parent has an opportunity to express themselves clearly. It’s not an easy solution – it’s hard work and painful at times. However, it lays important foundations for respectful parental communication. Parents won’t always agree and that’s normal regardless of whether they are a couple or separated. Each parent needs to grieve for the end of their relationship, and this takes time. Mediation enables couples to have difficult conversations at a time when emotions are running high and it’s too hard to resolve issues without the support of a professional.

When times are difficult it can be helpful to think about the future. What will your child thank you for handling well? How can you ensure that you will both be there for major events such as a graduation, wedding or even a grandchild’s 1st birthday? Nothing worth having comes without effort and that includes a healthy co-parenting relationship after divorce.

Author: Sara Stoner, Family Mediator, Broxbourne & Potters Bar

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

Society Must Make Divorce Less Stressful For Children

It’s Family Mediation Week. The Family Mediation Association ‘FMAaims to raise awareness of mediation and how it can help separating families manage their issues collaboratively and productively. We support Family Mediation Week and thank the FMA for all their hard work. – #FamilyMediationWeek – #ABetterWay -.

family mediation 2019 focus mediation

So why don’t more separating couples mediate?

Clients tell us that they find the mediation process supportive and that it not only resolves their issues, but also improves their communication. However, there are many separating couples still battling in court. Litigation is very expensive and the court route is full of delay and uncertainty. Finances and child arrangements can be agreed quickly and cost efficiently in mediation. Mediation creates a safe space to have difficult but necessary conversations. So why don’t more separating couples mediate? Fear. They worry that mediation won’t result in an agreement that adequately meets their needs. They may believe that their spouse knows more about their finances or is a more persuasive communicator and will convince the mediator to take their side. However, the mediator is trained to ensure the process is fair and each participant is updated and fully informed. Each spouse is listened to and their concerns are taken into consideration. Power imbalances are also identified and addressed. The participants make their own decisions and retain full control. Mediators welcome solicitor’s advice so clients feel safe to make decisions about their future. Sadly, many cases that are suitable for mediation end up in court. The court looks for fairness and not winners and so often the financial and emotional investment is disproportionate to any gain.

Divorce is a huge trauma – let’s all support separating couples

Divorce/separation is a huge trauma for spouses and their children. Very few take the decision to divorce lightly. Family Law needs to respect their difficult decision and the divorce process should facilitate an amicable end to each marriage. To children their separated parents will always be their family. Blaming one person for the demise of the relationship promotes conflict not peace. Reform is coming and not before time. However, society as a whole also needs to support separating couple. Whilst a family member or friend may be hurting and need a shoulder to cry on, we also need to support them in their transition from spouse to co-parent. This means focusing on the future and not a past that cant be changed. Co-parents are parents who are each actively involved in their children’s lives after separation. These parents communicate respectfully and exchange info to keep children emotionally and physically safe. It isn’t always easy but they persevere. Children need both parents and its parental conflict that harms them more than the divorce. Children learn from their parents and divorcing well teaches children that whilst not every marriage lasts forever, there is a dignified way to separate that keeps children safe and protected. Mediation supports and facilitates this. Entering into a court battle over finances and children should always be seen as a last resort. It’s important that all family law professionals regularly ask themselves if all their advice or interventions are child focused and likely to promote the transition from spouse to co-parent. It’s the duty of parents, friends, family, professionals, The Ministry of Justice and the media, to make divorce less stressful for children and promote more amicable divorces that create co-parents and not long term conflicted parents.

Author: Sara Stoner, Family Mediator, Broxbourne & Potters Bar

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

 

Divorce: Do you need to lay blame on the other person in Divorce Proceedings? Should the Law be updated?

Under the current law (Matrimonial Causes Act 1973) you must show to the court that your marriage has broken down irretrievably. Our divorce laws are primarily concerned with you having to prove blame and that the breakdown of the marriage is due to the fault of your husband/wife. The proceedings can be lengthy and you can encounter procedural difficulties making the whole process stressful and confrontational.

divorce do you need to lay blame on the other person in divorce proceedings focus mediation blog

To prove the breakdown you must prove one of five factors:-

Adultery

You must show that your husband/wife has been involved in a sexual relationship with a member of the opposite sex. You must blame them for the breakdown of the marriage. Difficulties may occur if your husband/wife will not admit to the adultery. This can cause delay in proceedings and finding evidence to substantiate the allegation may not be possible. It is often best to obtain written confirmation that the adultery is admitted before proceeding with the petition. You are able to name the ‘other person’ in an adultery petition. However, this brings another party into the proceedings and one who will need to admit to the adultery. This can cause potential delays and unnecessary complications and is not required. Also, if you are made aware of the adultery and subsequently continue to live with your husband/wife for six months or more then you cannot issue proceedings based on that adultery.

Unreasonable Behaviour

You must show that your husband/wife has behaved in such an unreasonable manner that you cannot be expected to continue to live with them. You must blame them for the breakdown of the marriage. What is and what is not unreasonable behaviour can be very subjective. However, you must show to the court, in a written statement in your petition, that your husband/wife has behaved in such a way that an ordinary/average/reasonable thinking person would consider the behaviour to be unreasonable.

Unreasonable behaviour can take many forms but the most common include:

Domestic Abuse – physical, verbal, sexual, undermining, threats, possessiveness, control, insults, blame, deprivation.

Social problems – drug taking, alcohol abuse, criminal activities.

Financial concerns – financial irresponsibility, lack of contribution, increasing joint debt, controlling, secretive.

Desertion

You must show that your husband /wife has left you with the intention of ending the marriage and had no reason to do so. You must blame them for the breakdown of the marriage. Proceedings cannot be issued until two years after your husband/wife deserted you. This reason for divorce is rarely relied upon as it is difficult to prove. It is usually only used in cases of ‘absolute’ desertion i.e. when no trace of your husband/wife can be found.

A two year separation period

Many couples choose to rely on a two year separation period as they do not have to prove any blame against the other person. However, the other person must give their consent, in writing, to the divorce. It is possible to divorce on this basis even if you are living in the same household. However, you must prove that you have lived completely separate and apart within that household. To include not sleeping together or eating together or doing each other’s household chores i.e. washing, ironing, cleaning and shopping.

A five year separation period

This is the same as a two year separation period except that you do not need the written consent of your husband/wife. In fact it is the only way to divorce without agreement or consent.

Is an overhaul of the Divorce Law needed in modern society?

For a number of years there have been suggestions and discussions upon how to move towards ‘no fault’ divorces. The blaming culture of divorce has led to continued conflict, stress and difficulties which have impacted on the participants and their children.

A Government consultation for the reform of the divorce laws took place between September and December 2018 and its outcome is awaited. Generally, the amendment of the law to a ‘no fault’ divorce system will strive to ensure that couples are able to consider the implications and change their minds if need be. To ensure there is support for them and their children and that the process is future focusing. It is hoped that any changes will be implemented in the shorter term and that they will prove to be quicker and less stressful than the existing proceedings. It is thought that only ‘irretrievable breakdown of the marriage’ will need to be shown and contesting the proceedings may not be possible.

The proposed changes in the divorce law will sit well with family mediation. Mediators try to bring couples together to sort out arrangements for their children and their finances with less:

Acrimony

Animosity

Confrontation

Antagonism

Stress

Anxiety

………… and less blame.

Author: Elaine Clarke, Family Mediator, Bedford.

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

 

 

 

Mediation – I Can’t Afford It!

We know the feeling: Christmas has used up all the money and there’s nothing but bills in the post.

i cant afford it focus blog jan 19

But the fact is, if you are reading this blog, you are going through some sort of separation or divorce, and you are wondering what sort of professional help you should get. The last thing you want is an open-ended arrangement where costs mount invisibly with nothing to show for them except a huge, unexpected bill …

At Focus Mediation, we make two things absolutely clear: mediation is cheaper than using lawyers to negotiate your settlement, and all the costs are known in advance.

Why is it cheaper? Because you each pay half our hourly rate. When you pay a lawyer to represent you, you pay the entire hourly rate. With both of you there in the room with the mediator, you share it. It’s that simple. So, a lawyer might charge you £280 + VAT per hour (this varies, of course, and some offer fixed fee packages). We charge each of you £140 + VAT per hour.

We also charge you at the same rate for any documents we draw up: your Financial Statement, which captures all your figures in one place, and your Memorandum of Understanding or Parenting Plan, which records your Agreement.

We do NOT charge for emails or phone calls.

So, the typical cost of mediation looks like this (costs are per person, but will vary according to time actually taken):

One session of 1.5 hours sorting out arrangements for your children: £252 including VAT. Simple Parenting Plan £168 including VAT.

Three sessions of 1.5 hours sorting out your finances: £756 including VAT. Two documents for your financial settlement: £504 including VAT

We make all these costs clear at the start. You book your sessions at times to suit your budget, and you pay at the end of each session, so it’s pay as you go, going at your speed to suit your purse. No hidden costs, no deposit up front, nothing that you don’t know about and agree to.

We always recommend you consult your lawyers for personal advice, and you will need them for your financial Consent Order, but by using mediation for your negotiations, you definitely save money.

And if you reflect on the fact that a typical court case will set you each back £10 – 20,000, there isn’t much more we need to say ….

Author: Caroline Friend, Family Mediator, Oxford.

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

What advice would you give to a close friend experiencing divorce?

At Focus Mediation our Lawyer Mediators collectively have many years of experience supporting separating or divorcing couples. We asked them what advice they would give to a close friend experiencing divorce.

Mary Banham-Hall

Mary Banham-Hall FMCA – Family Mediator & Collaborative Family Lawyer

You and your children will hurt enough without fighting, so don’t let conflict take over. Remember what’s important and focus on that. ALSO Working out what to do together helps you both and is definitely the way to go. Yes, it’s hard but worth it – and with a mediator’s help you can do it!


Emma Bugg

Emma Bugg FMCA – Family Mediator & Collaborative Family Lawyer

I would recommend they read the Separated Parents Information Programme ‘SPIP’ and Resolution “Helping parents to help children”  handbook and to read as many other resources as possible to find out how best to navigate a way forward that works for their children and enables them to continue their parenting role as best they can.


Jane Leadbetter

Jane Leadbeater – Family Mediator

Try mediation. It can help you to resolve issues quickly and at much less financial and emotional cost than negotiations between solicitors or court proceedings.


Rachel Lander

Rachel Lander – Family Mediator

Lots of people seek the support of counselling when their marriage breaks down.  A counsellor can really help you in working through the difficult feelings and emotions that you may face.  In turn this can assist you in approaching practical issues, such as where you will all live, how the bills will be paid, emotion – and money – and add to your stress.  There are many alternative ways to civilly reach agreement with your ex: mediation (coupled with advice from a solicitor as the mediation progresses) will provide a forum to explore issues, future pension provision etc., in a more pragmatic and calmer way.

Remember that you don’t have to ‘fight’ or ‘have your day in court’.  Both of those approaches will drain you of much needed energy in a safe environment and to reach proposals that in a lot of cases can be put before the court by post and made into a binding court order.

If there is an insurmountable blockage that can’t be resolved in mediation, then consider arbitration as an alternative to court proceedings.  An independent arbitrator who is picked by you and your ex (usually an arbitration trained Barrister or Solicitor) will act like a Judge, on a private basis, and can deal with matters in a more flexible way than traditional court proceedings including incorporating mediation into the arbitration itself.


Elaine Clarke

Elaine Clarke FMCA – Family Mediator

Don’t rush into agreeing anything. Mediation will help you – it’s a cheaper alternative to court – but also be guided by legal advice. I believe with the help of a mediator, separating couples can make their own arrangements for separating, rather than battling through the courts. This is usually much better for them and their families, as well as being quicker and costing less, both financially and emotionally.


Sara Stoner

Sara Stoner FMCA – Family Mediator

Feeling hurt and angry is normal and to be expected. You can’t change the past and you won’t agree on it. Focusing on your future enables you to move forward and find peace. A court battle won’t make you feel any better and you will regret wasting so much time and money. Don’t dismiss mediation just because you don’t get along. Mediation is a safe space to have difficult but necessary conversations that you haven’t managed to have. Decide your own future and resolve matters quickly and cost efficiently. Your children need you to sort out finances so they aren’t caught up in a toxic situation. It’s not the divorce that harms children; it’s the prolonged parental conflict.


Caroline Friend

Caroline Friend FMCA – Family Mediator & Collaborative Family Lawyer

This is one of the worst times in your life, so don’t be surprised if you are overwhelmed with difficult emotions. The trick is to try to put those emotions on one side when you are looking at your financial settlement, and when you are making arrangements for the children. So far as finances go, maybe jot down how you would like your life to look
in one year’s time; two years time, five years time: generate some thoughts on how you can best develop your independence while supporting the family. As for the children: what do you want to avoid; what do you want to aim for for them? How would you like them to look back on this difficult period in their lives? What can you do to make sure they continue to grow up with good relationships with both their parents and
don’t feel caught up in the conflict?

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

 

It’s Hard to Hate up Close

I read an interesting article about a black man who was responsible for over a 100 Ku Klux Klan members leaving the organisation. What was his secret? He said, “It’s hard to hate up close.” He didn’t try and convince them that the KKK was wrong. He just asked them to spend some time getting to know him. Many had never had a proper conversation with a black man. Each of the departing KKK members found that they no longer had it in them to hate a black man that they now knew. Clearly that’s an extreme example of bridging an empathy gap. However, I’m sure we can all recall a time when we fell out with someone or drifted apart. Communication will have deteriorated and it’s natural to then fill in the gaps and made assumptions about what the other person is thinking or feeling. When communication is good, empathy flows and allowances are made for friends and partners; “I know she wouldn’t have intentionally forgot, she is very busy and has a lot on her plate.”  When an empathy gap forms, goodwill is less forthcoming.  People stop understanding one another and frustration and resentment can build.

It_s Hard to Hate up Close Focus mediation Blog

Bridging The Empathy Gap

Mediation involves bridging the empathy gap between separating couples. If there’s no empathy, there’s often no compromise. “He’s the one who had a one night stand and ruined our marriage. He can spend Christmas alone, why should I spend any time away from my children? ” Or “Why should I pay her any spousal maintenance? She had an affair and left me; let her feel what it’s like to live without my hard earned salary.” It’s so difficult for angry spouses to place themselves in the other’s shoes when their own pain feels so overwhelming. Their anger often masks underlying pain. Whilst anger is a normal part of grieving for a relationship; it can be self destructive if it doesn’t dissipate over time. As Nelson Mandela wisely said, “resentment is like drinking poison and then hoping it will kill your enemies.”

A mediator’s role isn’t to convince couples to fall in love again or to even like each other. The past can’t be changed but a mediator can encourage clients to focus on the future. Clients might be  frightened about where will they live, how will they pay the bills and whether they will be able to spend enough time with their children. This fear can lead to each becoming positional; “Give me the house and I won’t touch your pension. If you don’t agree I’ll take you to court. I’ll claim the house, high maintenance for life and most of your pension.” When resolving finances in mediation we take a very practical approach. The clients work together to identify and then quantify their assets. Only then can they explore options. The mediator will ask them to check mortgage capacity and suitable housing options, amongst other things.  During the process communication improves and each begins to better understand the other’s concerns and worries. Sometimes I can pinpoint when the tide changes. Recently, a wife turned to her husband and said after several sessions, “Deep down I do know you want me to be ok, and I want you to know that despite everything, I want you to be ok too.” I sat back and observed as they nodded knowingly at one another. Mediation creates a safe space to have difficult but necessary conversations to resolve issues arising from separation.

Author: Sara Stoner, Family Mediator, Broxbourne & Potters Bar

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

The Orange and getting more of what you want – 2018

Does it ever feel that Christmas is one long negotiation in your house? It is in ours – what to eat, what to drink, what to watch on TV, what game to play… Thinking about the next couple of weeks with the family has put me in mind of a negotiation parable. You may have heard it before, but I hope you won’t mind if I retell it.

The OrangePicture the scene. It’s Christmas Eve, and Janet and John are arguing over an orange. They both desperately want this orange and won’t give up the orange at all, for anything else – they scream, they shout, they throw things. So what can we do?

The obvious solution is to come along with a nice sharp knife and cut the orange into two, giving Janet and John half each. If we were feeling more creative, we could even allow one to cut and the other to choose – this makes it fairer, perhaps, and gives Janet and John a hand in the solution. But there’s a problem with this solution: that neither Janet nor John actually comes away with what they want. Instead, they both come away with only 50% of what they want. As a solution, it’s a crude one that leaves them both dissatisfied.

The less obvious solution is to ask questions. Why does Janet want the orange? What plans does John have for the orange? By talking and listening to each other, it is possible that a better solution will present itself than simply cutting the orange in half. For example, in this case it turns out that Janet wants the whole orange’s peel as she is following a recipe that makes her mince pies extra-zingy, while John is planning Christmas morning Bucks Fizz cocktails and needs all the juice of the orange for these. So in fact, they can both get what they want out of the single orange: Janet can take all the peel and John can take all the juice. They just need to work together.

Real life problems are usually more complex of course, but the Christmas lesson here for all of us is that by asking questions and listening to the answers, there may be a chance that we can all have a more peaceful Christmas. Whether you’re arguing about an orange or something else, if you approach the problem with a question, some creativity, and a spirit of co-operation, you’re more likely to come away with more of what you really want.

Wishing you a merry Christmas and a happy and peaceful new year.

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

 

What makes a Good Divorce?

Resolution is an organisation for solicitors and other professionals in England and Wales who commit to a constructive, non-confrontational approach to the resolution of family law matters. This week it’s Resolution’s ‘Good Divorce Week’ campaign. They are focusing on how separating or divorcing parents can limit the impact of conflict on their children. They also campaign for divorce reform and the removal of ‘blame’ within the current divorce process.  Parents need to focus on the future and not a past that can’t be changed. However, sometimes the current law requires one to dredge up the past and blame the other. It’s a poor start for parents transitioning from ex-spouses to co-parents. So is there such a thing as a ‘good divorce’? Perhaps the word ‘good’ is too ambitious. When parents separate or divorce they suffer a huge trauma. If they can divorce in a manner that doesn’t inflict further damage on each other or their children, then that is a positive outcome.

What Makes a good divorce Focus Mediation Blog Nov 18

Family Law Professionals

As family law professionals we have a duty to focus on the best interests of children and to enable couples to finalise their divorce, child arrangements and finances, as peacefully as possible. We should constantly review whether our current practices correspond with that ethos. In my experience, most solicitors encourage clients to peacefully reach agreement, (if possible), and avoid litigation. In mediated financial cases, once full disclosure has been completed, clients are more likely to reach a negotiated settlement if they first receive good legal advice from their solicitors. They trust their solicitors and therefore feel safe to enter into negotiations. What’s good advice? Good advice involves a solicitor also considering what they would advise the other party if they were their client. This grounds the advice and makes it more realistic. However, problems arise if each solicitor takes an extreme view. If a wife has been told she should seek a very high level of maintenance for a long term, but her husband has been told there should be no spousal maintenance, it’s so difficult for either to move away from their respective positions and focus on needs. Providing realistic advice is a very powerful way to reduce conflict between separating parents.

Solicitors and Mediators – let’s talk more

Let’s take more time to ask each other about our respective roles. What can we do better and what works well? What do we need from one another? One of the most informative conversations I had was at a pension seminar with three family solicitors. They asked me many insightful questions about mediation and explained their concerns and what they felt the positives and negatives of mediation were. Sharing information can help solicitors and mediators to together support clients and help them achieve a conflict free divorce.

Author: Sara Stoner, Family Mediator, Broxbourne & Potters Bar

Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).

Read more about family mediation at:  www.focus-mediation.co.uk

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