Category Archives: Family

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

 

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

 

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

Christmas

The mediator’s diary is governed by the seasons. You’d think the breakdown of a relationship could occur at any time of the year, and indeed it does; but there are certain markers in the calendar that prompt people to seek our help. Organising the long summer holidays is one of them, especially when both parents are working. Christmas is another.

From about early November, separated couples are facing up to the tricky business of sharing their children over Christmas.

Christmas Focus Mediation Blog November 2018

 

Most people start from the base line of alternating year on year; but the devil is in the detail. What package is being alternated? Is it the whole of Christmas Eve and Christmas Day, swapping on Boxing Day? Or does the swap occur half way through The Day Itself, so that both parents get to see them?

In some families, the dilemma is made easier by the traditions of the extended family. Perhaps they always gather on Boxing Day; perhaps, for religious or cultural reasons, they don’t celebrate Christmas at all.

But in some cases, they make things harder. Perhaps they live at the other end of the country so any visit needs to be for several days. Perhaps they don’t exist at all, and the parent who is without the children is completely alone.

Christmas Alone

Being without the children is the hardest consequence of any divorce. Being alone at Christmas is everyone’s worst fear. Put the two together, and you have something that is impossible to contemplate, let alone agree to.

Ask the children what they would like? You can bet your bottom tangerine that they would like their parents to get back together so that these impossible alternatives are no longer debated. Since that is not happening, they will probably respond according to age “Whatever” (truculent teenager), or “I really want to  see Mum AND Dad on Christmas Day (anxious small person).  Privately, they will probably all be thinking “Can we not do it like last year, it was too much to-ing and fro-ing and I felt sick from two lots of turkey”, but they won’t know whether to say it out loud: Christmas seems to make everyone so tense. Whatever way things are arranged, the children will always feel guilty about having to divide their time, leaving one parent alone for some of the holiday.

Here at Focus, we help couples explore the alternatives. Could you write in with suggestions: tell us how you do it, and whether it works? What to avoid? Mediation is all about sharing ideas and strategies – we’d love to hear from you.

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

 

Difficult Conversations

I’ve just finished a book called “Difficult Conversations”*. I feel as if I’ve been given the key to a whole set of cupboards that have been locked for a long time. Here’s what is says:

Most of us put off having difficult conversations with our friends or family or colleagues because we are afraid of what might happen. What if the other person takes it badly? Reacts angrily? Ends the friendship? Fires us?

Difficult Conversations focus mediation blog

So the other person’s annoying or disappointing or insensitive behaviour continues to fester, and you continue to hold it against them. You either punish them with silence, or with crotchety attitudes, or you take the bull by the horns and accuse them of what they’re doing wrong in such a way that they feel pushed into a corner which they have to defend; they fight back and the whole thing gets confrontational and goes horribly wrong.

What is the point of having a difficult conversation? It’s not to create a fight. It’s to clear something up that’s getting in the way of a loving or friendly or constructive relationship. This book offers strategies for ensuring that, when you pluck up the courage to do something about the problem, you can engineer a positive outcome by following a three-stage pattern.

What Happened

You start by exchanging views on what happened, so that you can see each other’s version of events. The two accounts are often very different, which can shed light. The other person may tell you things you didn’t know about the background to what they did: something that happened behind the scenes that affected their behaviour with you.

How it made you feel

Then you can each describe the emotional impact of the incident. Here, you have to be careful not to accuse; instead, simply explain the feelings that arose in you as result of the behaviour. You each need to listen to the other and try to empathise with how they felt. If you don’t do this, those feelings of, say, resentment or loneliness will continue to colour everything: get them out, make sure they’ve been heard, and they will recede.

How it affected your opinion of yourself

Lastly, be open about how the incident or behaviour attacks your identity. You’ll need to have worked this out before you start the conversation. Did their behaviour leave you feeling you are a bad mother/husband/colleague? If those identities are important to you, they will be why you have been so shaken. So, let them know how important it is to you that you do a good job in that role and how you want to mend things so you can improve.

The learning conversation

Now you can see how you have contributed to the bad blood between you (because you’ve listened to what they’ve told you about what you did and how it made them feel), and you understand their contribution better. Ask them what they suggest you can both do from now on to improve matters between you. In other words, turn the conversation into an appeal for some shared proposals that will help you both mend matters.

The book is littered with excellent examples of Difficult Conversations; ones that need to be had, ones that go wrong, ones that work out well. There are numerous situations that ring bells, whether it’s in your marriage or with your parents, your children, your house-mate, your sibling or your boss. There’s practical advice and even some coaching. It’s succinctly written, very witty, very clear, and very wise.

If everyone put it into practice, there’d be no need for mediation!

* Difficult Conversations: how to discuss what matters most by Bruce Patton, Douglas Stone, Sheila Heen of the Harvard Negotiation Project.

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

 

Separating well 2018

In the early stages of a separation, you can feel like you’re in a vortex: everything is swirling around, uncertain, and it’s difficult to find anything to grab on to and steady yourself.  Here are 10 things that our experience has taught us can hel

1. Put children first

If you have children, their needs should be the guiding factor while you are going through the separation.  A lot of people might take this to mean you shouldn’t separate at all, but the research is clear: it’s not separation or divorce that harms children; it’s being exposed to conflict.  The very best thing you can do for them is not to argue in front of them.  If you let their needs guide your decisions during this difficult time, you will generally be doing the right thing. 

2. Read up

Helpful resources include websites such as The Parent Connection https://theparentconnection.org.uk and the Couple Connection https://thecoupleconnection.net , both from relationship charity One Plus One, that give ideas for better communication in difficult circumstances.  The Resolution website http://www.resolution.org.uk  is an excellent source of legal information and guidance. Relate https://www.relate.org.uk/relationship-help/self-help-tools/book-shop  have done an excellent series of books about managing the process of separation in a positive way.

Separating Well

3. Get advice

The law surrounding separation and divorce is not necessarily what you might think.  For example, it might come as a shock to people separating out of unmarried relationships that simply cohabiting with someone, no matter for how long, confers no legal rights as such: the concept of the ‘common law’ wife/husband is a myth. The law about separating out finances or property on divorce might also come as a surprise, particularly the fact that it doesn’t matter who has done what to end the marriage in 99% of cases – it’s nearly always the financial needs of family members that matter most.

4See a therapist/counsellor

Often when a relationship is in trouble people consider seeing a counsellor, or therapist, in an attempt to ‘save’ it.   In our experience, it can also be helpful to see one together during the process of breaking up. A good couples’ therapist can facilitate you both to process any anger, hurt, disappointment, confusion in a safe space and in a constructive way that means it is less likely to spill over into the rest of your lives, or in front of any children.  A therapist can also help you work out how you will talk to any children about your separation, and think through possibilities for the future.

Many people also find that it is helpful to see a therapist on their own, separately, to work through some of the intense feelings that are inevitable. You can get a referral to a therapist via your GP, although you may find there is a waiting list.  Alternatively, you can find a good private therapist in your area via the BACP website http://www.itsgoodtotalk.org.uk , and seeing a counsellor needn’t be costly.  Having a safe space to process complex emotions can be helpful to stop them from impinging on other areas of your life.

5. Give and take space

It’s really important to give your estranged partner or spouse space during a break-up, but often this is more difficult than it sounds, particularly if you’re still sharing the same home. Fear, suspicion or anxiety can make it difficult to keep things in perspective, but being aware of how you’re feeling can make it easier to recognise when you need to take a break.  When the pressure’s on, it’s so important to take space for yourself, and to force yourself to do things that you enjoy or that make you feel better, whether it’s going for a run, spending an evening out with friends, or anything else.

6. Be businesslike – work out the best way to communicate – project manage

You and your partner or spouse will have to continue communicating throughout your separation, particularly if you share children, pets or a living space. If early on you can take the time to work out how best you can do this to minimise stress, disruption and misunderstandings, you may save yourself a lot of trouble later.  (As family mediators, this is one of the first things we look at with the aim of reducing further stress.)  For some people, it’s main communication by email and by text in emergencies; for others, it’s limited emergency phone calls and weekly meetings about plans.  Whatever you choose, if you can remain businesslike and communicate with your former partner as if he/she were a work colleague on a project, you will make headway with arrangements much more quickly.

7. Choose carefully whom you listen to

Friends and family can be a lifeline during divorce and separation.  They love you, they want to support you and they are unquestionably on your side. However, this means that they may not always be the best source of advice or guidance about present and future dealings with your estranged spouse or partner. Divorce is not unusual and people will carry their own baggage from their own separation, or their parents’, or a friend’s.  Although delivered with the best of intentions, it is important to be aware that other people’s perspectives and experiences may not always be helpful to you – objective advice from a solicitor, or a counsellor to whom you can chat without fear of judgment, can help provide some distance.

8. Don’t worry about the divorce

The actual legal process of divorce often weighs heavily on the mind of married couples who separate. In fact, this is generally one of the smallest issues.  Legally, it matters not who divorces whom and why; the process is now done entirely on paper in most cases, and you will not need to see a judge to get a divorce unless there is something very unusual about your case.  In most cases, a mediator can help the two of you work out the formalities of divorce very quickly, leaving more space to focus on financial and children issues.

9. Seek consensus about future arrangements: litigation is a last resort

The court is, generally, the least appropriate place to work out arrangements for a family’s future after separation or divorce. Sometimes it can’t be avoided.  Most of the time, taking a practical and child-centred approach to arrangements for children’s care, and a commercial approach to matters of finance and property means that you can avoid court.  Collaborative law, mediation, negotiating through solicitors, and arbitration are all sensible options for sorting things out without going near a court.  A good legally-qualified mediator, such as those working with Focus, will save you time, money and stress while helping you keep control over your future financial arrangements.

10. Remember everyone has their own truth about why a relationship broke down – don’t let this stand in the way of your future

As mediators, we work with couples to stop arguments about who did what in the past from getting in the way of making arrangements for the future.  It isn’t necessary that each of you should have the same view about what caused the relationship to end.  Our job is to help you to focus on what happens next and to enable you to move forward with a workable plan.  We’ve helped thousands of separating couples do exactly this; give us a call on 01908 231132 if you’d like to have a chat about how we might be able to help you too.

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

Contents, Totems and Ginger Jars – 2018

“It’s Mine!”

Contents Totems and Ginger Jars 2019

Dawn: “Couples often have difficulty agreeing who has what of the contents of the house.  Yet lawyers and the Courts will very rarely want to get involved in the division of contents, simply because the cost of arguing over such things often exceeds the value of the contents by a very considerable margin.

Mary: “One solution might be to go round the house with coloured stickers taking it in turns to choose, with a friend to help you – and a glass of wine! This debate can cause huge bad feeling. There’s no special “right answer”, just what people work out that they can live with.”

Dawn: “When couples can’t agree the division on contents, if pushed, a Judge may order the sale of everything, or that they bid for what they want. Why do some people struggle so much with this?”

Mary: “Many reasons. They have exhausted compromise or they’re afraid of the waiting void, the silence.  After years in a conflicted relationship, people may struggle to leave that conflict. Also, often they simply can’t bear to feel they might lose the last argument!”

Dawn: “So … they could sort it out, but unconsciously they don’t or can’t you mean?”

Mary: “Yes, but the conflict has to go somewhere and attaches to things of which the worst may be totems or ginger jars (a.k.a “this is our ditch it and we will die in it”).

Dawn: “You must explain that!”

Mary: “Totems or ginger jars are often a symptom of subconscious, deep psychological or emotional aspects of a relationship.  A totem is often some legal principle like the “clean break” on spousal maintenance or inherited property, but couples can get completely hung up on those issues.  There are accustomed ways of dealing with them and it is best not to resist the conventions, but none of that matters to them – they are implacable! A ginger jar often has no value and no legal or practical significance at all, but it becomes infused with immense importance – granny’s old photos or the children’s Monopoly.  When people look back it won’t matter, but it matters immensely at the time.”

Dawn: “I know what you mean – people can be totally adamant about something relatively unimportant and the fact that there may be accepted ways of dealing with it just don’t matter to them.  Nor do they care they’ll spend more arguing over the principle than it is worth. People may cling to their ginger jar until the death.”

Mary: “OK – but some people need a ginger jar, it’s the last argument no one can lose! I tell people in advance if I think there’ll be something they can’t agree – then when we get to arguing over the food mixer, after everything else is sorted, they may even see the funny side and that is a good result!”

Author: Mary Banham-Hall LLB FMCA, Family Mediator, Milton Keynes & 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 & Grey Hairs

I was previously a family & criminal law solicitor. I represented defendants accused of serious crimes including murder. I also advised and represented family clients in court. Many of my family clients were suffering with the shock and pain that family breakup can cause. I’m now a family mediator and mother to two boys and I feel my role as a family mediator is the hardest of all. I sometimes leave the office feeling mentally and physically exhausted as the work is exceptionally challenging.

Mediation and Grey Hairs Focus Mediation blog

A solicitor has one client and a mediator has two that are in conflict. A solicitor gives legal advice and tells a client what’s in their best interest. A mediator is impartial and must always also be seen to be impartial. A casual comment could be misinterpreted. Clients feel vulnerable and its human nature to want their mediator to be on their side. However, a mediator’s role isn’t to decide which party is in the right. It’s the complete opposite. We need to enable them to see that battling one another and focusing on a past that can’t be changed, keeps them stuck in conflict. It’s my role to facilitate conversations so they can hear each other’s needs and concerns. Separating couples need to work together to find solutions and that’s the one thing they think they can’t do. However, with the intervention of a mediator it is possible. They may be sceptical about mediation and advised by family and friends that they need to fight to get what they need. When clients can show vulnerability and lay down their weapons, they are closer to a resolution that will work for each of them. I need to ensure they each feel safe enough to do that. They need to know I have heard them, and I understand their concerns. Imagine trying to demonstrate this whilst mediating a session with two hurt and angry people who no longer trust each other and struggle to communicate.

A recent case

My clients were able to resolve their finances at their 5th mediation session. The previous sessions had been tough on both and were difficult to mediate. A husband had a long-standing affair and whilst years had passed since they separated, the wife really struggled to accept the end of the marriage. She questioned what parts of the marriage had been ‘real’ and how she could ever trust again. The husband hadn’t wanted to separate but the relationship was fractured and couldn’t be healed. The wife was a lovely lady but hurt and angry and she was unable at times to contain her frustration. Her husband apologised and said that he didn’t know what else to do to make things right. It’s such a balancing act for a mediator. Mediation isn’t therapy and we focus on the future not the past – but to ignore the past is dangerous. It’s like sticking a plaster on a cut when the blood flow hasn’t been stemmed – the plaster will fall off just when things seem to be improving. There’s also a duty to make sure that the sessions move forward and that the husband didn’t feel that they were about chastising him for the affair. Throughout the sessions I was empathetic, listened very carefully to each of them and reiterated the ground rule of respectful communication. Several times I separated them into different rooms and reminded them why they were there and what the future might look like if they reached resolution. We all persevered.

The 4th session was particularly challenging. The wife was very emotional, and her pain manifested in anger and blame. Again, I listened well to each of them until they each felt sufficiently heard to move forward. The 5th session was a culmination of their hard work and mine – it’s why I do this difficult job. The atmosphere was very different. The clients had homework between sessions and had been busy compiling mortgage information and housing options. Each came prepared to work together to try and find solutions.  Mediation had enabled them to do something vital – separate themselves from the issues arising from their separation. They were no longer blaming each other and were both trying to find solutions. They now saw the issues as joint concerns and they were beginning to build trust. They found compromises they could each live with. They thanked me for my hard work and patience and asked if I had ever encountered a more difficult mediation. I had. They joked that I would surely develop some new grey hairs.

Supporting people through a trauma is never easy. The clients had found peace and were able to plan their respective futures. As for me – I have a good hairdresser and any new grey hairs will soon be banished.

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 Forums & The Light At The End Of The Tunnel

A father on a divorce forum posted a family photograph of himself, his two children and his ex-wife. Everyone looked relaxed and happy. He said the photograph represented a significant milestone. He and his ex-wife separated 2.5 years ago and for most of that time their relationship had been very strained and volatile.

Divorce Forums

During the first year of separation there had been accusations and blame. Each felt they had been badly treated and they struggled to communicate. Both believed the other had ‘changed’ and not for the better. They had each experienced feelings of anger, hurt and resentment. Year two involved each striving for peace and an end to the conflict. However there were numerous misunderstandings and frustrations. After that they agreed that it was just too draining and that they would ‘parallel parent’. Parallel parenting is an arrangement in which separated parents disengage from each other and limit direct contact. Communication is minimal and indirect. Over time they realised that this arrangement upset the children. The children felt torn between them and apprehensive about even mentioning the other parent. Slowly over the last 6 months, they began to communicate about the children again via email or text message and this progressed to weekly telephone calls. Communication continued to improve and they attended a joint parents’ evening at their eldest son’s request – he had found the separate appointments ‘embarrassing’. They spoke to each other at handover and both noticed how much the children enjoyed observing this interaction. They had slowly moved from exes to co-parents. To their children it was simple; their family consisted of mum, dad and a sibling – regardless of the fact that their parents were separated.

When parents separate they have to work their way through the grieving cycle. Often they are at different stages and this can escalate hurt feelings and miscommunication. Family mediation can assist parents when they struggle to make important decisions about their family. Rather than relinquish control and ask a Judge to make decisions for them, a Mediator can facilitate the necessary conversations that focus on the future and not the past that can’t be changed.

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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