Monthly Archives: December 2018

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

 

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