Monthly Archives: April 2016

FAULTY COURT CALCULATOR – UPDATE

FAULTY COURT CALCULATOR MAY HAVE CAUSED ERROS IN THOUSANDS OF DIVORCE SETTLEMENTS – UPDATE

According to the Law Society Gazette the outcome of more than 2,200 financial settlements on divorce may have been voided by the Form E software fault.

Justice Minister Shaillesh Vara MP has indicated in a statement to Parliament that the assets of more than 3,600 couples were miscalculated.  Those involved in the over 2,200 closed cases affected are to be written to by HMCTS, (the court service) and may need to re-apply to court to re-open or re-negotiate settlements (although the error may not have impacted upon the outcome in all of these cases).

calculator

No court fee will be charged for applications to set aside or vary orders. Those involved in the 1,400 or so ongoing cases will have the issue flagged to them by HMCTS in order to avoid the error affecting their final orders.

A new version of the Form E is being uploaded, but with the automatic calculator being disabled whilst the future of the form is considered as part of broader court reforms.     Many family lawyers and mediators do not rely on the Form E automatic calculator in any event. They use their own assets schedules setting the figures out clearly and simply, often using Excel. Such cases will be unaffected by the problem. At Focus Mediation whilst we use Form E to collect information and documents, we have never used its calculator, our mediators always prepare our own.

Brexit or Brin? That is The Question . . .

Last night my hairdresser asked me ‘In or out?’ Everyone knows what this means – but how to decide? That is really the first question we should ask ourselves.

As a mediator I have observed people making decisions for over 17 years and many are motivated either by hope or fear – though some make decisions based on deeply held beliefs that are so strong they are part of their very identity. I’m not talking about those people, as they have decided.

Tribalism

Many of us decide things tribally – we identify with a certain group and vote with them. Unless you are UKIP, that doesn’t help you much on the in or out debate, as most political parties are split on the issue. So tribalism doesn’t work – unless you identify yourself as tribally European or tribally English – but if you are tribally Scottish, they are pro staying in. Actually that helps you decide, sort of. It is interesting to observe that tribalism on Brexit seemed to cause politicians to line up on the issue of benefit cuts for the disabled in the budget – with the pro leaving brigade supporting IDS and the pro staying in brigade behind the Chancellor. What relevance has Brexit to benefits cuts for the disabled? None. Pure tribalism.

Brexit

Mediation Decision-Making Matrix

Mediators understand how to approach decision-making constructively, intelligently and creatively. It’s their day-job. So complete the table with your hopes and fears then place in order of importance to you. This can help you decide ANYTHING.

Hopes for Brexit

Fears for Brexit

We will be economically better off

We will be worse off economically

We will be more secure and safer – less likelihood of war.

Security and safety will be reduced; we will be vulnerable and alone in a global world.

We will get control of our borders; migration will be reduced. No EU quotas – it’s an EU problem

The EU will let migrants pour over the Channel – you cannot police 1,000 miles of coastline; we will get all the migrants

Hopes for Brin

Fears for Brin

Add your own – you get the picture.

Using a rational system, non-adversarial – try and distance yourself from emotional rhetoric and tribalism – you decide on the most important issues, the probable outcomes on Brexit or Brin – and order of importance – for you. If you are altruistic – choose the best for the young or for all of us. Your ideas are as likely to be right as anyone’s. Think about probabilities and priorities. The experts don’t agree. We are all experts on this. Besides, it is more likely to help you decide to vote than listening to Boris or David! Oh yes – and the same is true if you are litigating at court or lawyers are writing letters on your behalf. Stop. Think. Use your own wisdom and trust yourself .- and use mediation systems for resolving problems, disputes and working out the future. It results in better interest-based results. Just saying – and this is my belief system, so is part of me, my identity. And I think I am right, but I would say that wouldn’t I?

Unhappy Holidays

How was your Easter?

Fabulous. We took some days out, watched lambs in the Spring sunshine, the children had fun and we all ate too much chocolate.”

Miserable. Things are impossible at home. We don’t talk except to argue, and now the rows are happening in front of the children. Little Jo is wetting the bed again and Sophie is very tearful. We couldn’t go out because we’ve got no money, and the debts just aren’t going away.”

If the second response is closer to your current situation than the first, you are in company with many, many families: at least half of all marriages and partnerships run aground in difficult circumstances.

Where do you turn for help?

If you are contemplating divorce, you might want to find a local solicitor. Alternatively, you could download the Divorce Petition and instructions on how to fill it in, and start the divorce yourself. But the divorce is simply the legal process which dissolves your marriage. What about the children and what about the financial side?

A mediator can help. Here at Focus Mediation, we offer an introductory meeting with an experienced, highly qualified lawyer-mediator who will listen to your story, and then describe how you go about preparing, negotiating and finalising a financial settlement. She will then invite your other half to a similar meeting, so that she has heard how things look for both of you: where are the problems, what are your fears, what do you hope to achieve? She can help you sort it out.

Eggs - Unhappy Holidays Blog

When you start the joint mediation sessions, and the mediator can help you work out a set of proposals which meets the needs of everyone and takes everything into account. If you need help with your shared parenting plan, she will offer a session on that as well.

Mediation is cheaper than using lawyers, quicker and less divisive.

With any luck, by the time you get to the next holidays, things will be looking up and be a bit more sorted.