Category Archives: Family

Mediation Myths and Reality

As a family mediator, I tend to spend a lot of my time explaining exactly what it is that I don’t do.  So, let’s do this quickly: my job isn’t about getting people back together – that’s couples counselling, or conciliation. It’s not telling people what they should do – as an individual, that’s what you get when you go for legal advice from a barrister or solicitor.  I can’t make anyone do anything – that’s a job for a judge or an arbitrator.  And it’s definitely not about sitting quietly in a room being mindful – that’s meditation!

What I do as a family mediator is help two people who are in the process of separating to work out the best way forward from here, in terms of  making arrangements for their children, housing, money, businesses etc – anything where plans for the future, living apart, need to be made.  But family mediation is not well-understood, so in this blog I thought I’d take a look at some common misconceptions about the process.

There’s a persistent myth that the government now makes all former couples try mediation before they are allowed to go to court about divorce issues. This isn’t true: even if it wanted to, the government couldn’t compel people to come to mediation because mediation is by its very nature voluntary.  Nobody can be forced into it.

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Mediation, CC BY-SA 3.0 NY, Nick Youngson (www.nyphotographic.com)

What is true however, is that before a person can make an application to court about financial or children matters arising from a separation, they have to make an appointment with an accredited (specially-qualified) family mediator for a Mediation Information and Assessment Meeting (a MIAM).  This appointment takes about 45-60 minutes, and is usually just between mediator and client (although it can involve a former partner by agreement with all involved). It provides some confidential time and space to talk about what is going on, hear about all the different ways that a dispute can be resolved, and make an informed decision about the next step to take – whether it’s to court, to mediation, or another route. There is no pressure to choose mediation at the end of the meeting.

The removal of access to legal aid for family court proceedings, except where there is evidence of abuse or violence, has led to another myth that there is no help available to those on low incomes to work out arrangements on family breakdown.  In fact, many mediators offer mediation free to clients who are eligible for legal aid; even those who are not eligible themselves can access a free individual meeting and first joint mediation session if their former partner meets the criteria.

Another myth is that it’s normal to stay in separate rooms during family mediation, with the mediator walking between the two of you.  Although this is the case for most forms of mediation about business disputes, the usual arrangement in family mediation is for both people and the mediator to be in the same room, unless there’s a particular reason why this shouldn’t happen (perhaps there has been violence, abuse or intimidation). It’s quicker and therefore cheaper if everyone is in the same room, as it is possible to get more done.  The other main reason is because the mediator, and the process itself, encourages people to relate to each other as problem-solvers and co-parents rather than ex-partners – it is easier to make this shift in the same room rather than apart.

Some people think that family mediation is slow.  On the contrary: the great advantages of family mediation are in terms of cost, convenience and speed.  To get arrangements decided by a judge, you might have to wait up to a year or even more from making your court application, and go through other interim hearings before, at which you will both need to be present and over which you will have little control.  Mediation sessions usually take place every three weeks or so, at a significantly lower cost per person than for court representation, and can be arranged to suit your schedule – unlike if you end up in court.

The last myth is that family mediation is suitable for everyone.  Sadly it isn’t. People only come to mediation if they want to sort things out and make a deal – it’s not a process that suits anyone taking a ‘my way or the highway’ approach.  Sometimes too much has gone on in a relationship for there to be any prospect of an agreement, and the court has to be involved from the start; this may be the case, for example, if there are child protection concerns or where there has been serious violence or abuse.  However, mediators are skilled professionals who are used to working with those going through family change, and we do have success in helping people make arrangements that work for them in even very challenging cases that might seem hopeless at first glance.  It can be very empowering to understand that it is still possible to stay in control of what happens after a separation: you don’t need to hand over the power to decide to a judge who doesn’t know you, and doesn’t love your children. A specialist family mediator can help you make your own plans.

If you would like to learn more about mediation, or if you think that it might benefit someone you know, don’t hesitate to contact our accredited mediators on 01908 410508 for an informal chat.

Marriage and Civil Partnership

Once upon a time there used to be marriage, the relationship until death of a man and a woman. I’ll not trouble you with the legal and social ramifications, they are well known to all. There never was such a thing as Common Law Marriage, which is a myth, I mention that in passing in case anyone out there still isn’t aware of this fact, because a surprising number of people still labour under the illusion it exists.

Then civil partnerships were created so same sex couples could have all the legal rights and responsibilities, protections and tax benefits of marriage – but without being actually married. The government of the day felt marriage for same sex couples was too contentious – it might upset too many people. So we had civil partnerships and marriage.

However, times move on and social attitudes change – and same sex couples were never going to accept being unable to marry – it seemed they were being discriminated against, as they felt they were treated differently from heterosexual couples as they could not ‘marry.’ Some religious groups campaigned against being forced to offer religious marriage to gay couples, as being an infringement of their right to religious freedom and so a breach of their human rights. Meanwhile gay couples campaigned to be able to marry, saying they were being discriminated against.

So, some might say inevitably, the next move was to legislate to permit gay couples to marry and on 13 March 2014 The Marriage (Same Sex Couples) Act came into force. Same sex marriage was legalised. Now of course hetero-sexual couples want the right to have civil partnerships – and the government of the day has a problem of its own making on its hands – and may have to legislate basically to allow everyone to do anything they like – which is what we should have done in the first place. We would have done so already if anyone had listened to me at the time they passed the Marriage Act for gay couples.

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We have now with three appeal court judges basically saying the government is breaching heterosexual couples’ human rights not allowing them to have civil partnerships.  

It’s all caused by problems of definition and straight line thinking. Is anyone aware of the difference between a civil partnership and a civil wedding in a Registry Office? No, neither am I. That’s because there isn’t one – the legal effect of these relationships is identical. The problem exists in the words alone. What is so fascinating is the vehemence generated by the use of the words ‘marriage’ or ‘civil partnership’ and the supposed baggage attaching to one and not the other, intrinsically regarded as desirable or not – depending on your point of view.  The fact is the legal consequences for marriage and civil weddings or marriages (whether conducted at Registry Offices or non-religious venues) and civil partnerships are identical – save in one respect and that relates to the grounds for a petition for dissolution in relation to adultery for gay couples, on which I do not propose elaborating. Perhaps I’m missing something, but if the consequences and legal effects of these legal relationships are identical why are we worried about the wording?

So given all the palaver over The Marriage (Same Sex Couples) Act – and the current intransigence concerning any possible infringements of any human right, it was predictable there would be similar ructions from heterosexual couples wanting to enter into civil partnerships. I think people will always want what they can’t have – it is part of the human condition. What we could and should have done a few years ago is avoid all this with the simple expedient of the following law:

“In future all couples whether the same or opposite sexes, can marry or enter into civil marriages or civil partnerships and the legal consequences of all these legal partnerships will be the same and the words  marriage, civil partnership and civil marriage can all be used interchangeably.” End of.  

Anyone agree with me?

A picture speaks louder than a thousand words. Reflections of a family mediator.

Browsing Facebook I saw a photo of 4 siblings. The children were smiling, but the smile didn’t quite meet the eyes of the eldest child. I didn’t recognise the children, (the author was a friend of a friend), but the photo intrigued me. The author who had posted the photo said he hadn’t seen his children for 6 months and this photo had been sent to him by a friend. He said his ex-wife, (believe me that’s a much friendlier description than he used), hadn’t let him see them. He said he was missing so many milestones and felt like giving up on life! There was a lot of support for him. However, one woman defended his ex-wife and said he had “torn her world apart”, by leaving her for another woman. He said she had been an awful wife and he left ‘her’ and not the children. He said she had no right to stop him seeing his children.

The children were caught in the cross fire. The split was clearly very bitter and they must be suffering. I wondered if the elder children had access to Facebook and had seen their Father’s post. Had their mum confided in them? Did they feel that their childhood had ended in a flash and was the eldest forced to grow up and become the man of the house? How must it feel to live with your father all your life and then not see him for 6 months? Did they feel like their world had crumbled around them? Did they feel abandoned? Did mum reinforce that belief as she was grieving for the relationship and her lost future? Did dad feel a mixture of anger, guilt and loss? Did the children want to see him? Were they worried they would hurt their mother if they did? Did they have someone they could talk to about their feelings?

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Life is usually not black and white; with one good parent and one bad parent. Decent people can make bad decisions. However, children really need their parents to put their needs first when they are separating – and that’s not easy when a parent may feel like their world is falling apart. Initially, children may feel they don’t want to see a parent who has left, especially if it is due to an affair – this arouses highly complex emotions for all sorts of reasons, not just the anger of the left-behind parent, though it can be that. The leaver wants to move forward and may want to return to a sense of normality and introduce the children to their new partner. It’s often hard for the person who has been left to agree to that – and very often the children may also be adamant they don’t want to see the other parent and especially meet their new partner, as they may have feelings of rejection and abandonment. They are quite likely to be grieving for the loss of the family they had – and in that state feel unable to move on and cope with new relationships, it may just too soon for that.

Parents have to find a way to discuss these and other parentings issues and protect their children from acrimony and avoidable hurt and loss. Mediation creates a safe and neutral place for these conversations to take place. Furthermore, the mediator is highly trained and experienced in facilitating their much needed conversations and can help with formulating new  boundaries and ways of communicating and planning that work.  This helps parents to focus on their children’s future and what’s best for them. Children of an appropriate age and understanding (roughly over age 10, sometimes younger with older siblings) can also speak confidentially to a mediator in a child inclusive mediation – something many children really appreciate. They don’t make decisions; but their feelings are taken into account and can be respected. This is empowering for children. Studies show adults whose parents split up when they were children often look back and say that they felt unheard when their parents separated, that no one asked them how they felt or what they wanted and it made them feel they were not  important and didn’t matter.

To return to the Facebook photograph and my so-typical story of a separating family in terrible pain – the father’s frustration and grief was palpable and the mother’s friend described a woman who was also in a great deal of pain. The photograph of their oldest child’s face spoke of his suffering and tension – and it is very unlikely the others were unaffected by the situation, however bright their smiles. Parents will sadly continue to separate – but the ways and means they do this can make things infinitely worse – or easier. I hope they find their way to mediation; it could save them and their children from a great deal of further heart-ache.

A positive message for children during a breakup

Driving to work on my way to mediate with a separating couple, I heard a song playing on the radio by James TW called, ‘When you love someone’. https://m.youtube.com/watch?v=0Bf3CJZ4hvg. The song is about a child’s parents splitting up. The video is cinematic and well worth a watch (please follow the link). The parents talk to their son and tell him everything will be ok. James says he wrote the song after a young drummer he was teaching told him his parents were getting divorced. He said in a statement to Huffpost, “The first thing I thought was how are they going to explain it to him in a positive way and one where he would understand. I wanted there to be a song that he could listen to which would make him feel better about everything that was going on.”

The Lyrics;

Come home early after class

Don’t be hanging ’round the back of the schoolyard I’ve been called up by a teacher. She says she can’t even reach you ’cause you’re so far. You’ve been talking with your fist. We didn’t raise you up like this, now did we? There have been changes in this house. Things that you don’t know about in this family. It don’t make sense, but nevertheless. You gotta believe us, it’s all for the best It don’t make sense The way things go Son you should know

Chorus

Sometimes moms and dads fall out of love. Sometimes two homes are better than one. Some things you can’t tell your sister ’cause she’s still too young. Yeah you’ll understand When you love someone

There ain’t no one here to blame

Nothing’s going to change with your old friends. Your room will stay the same ‘Cause you’ll only be away on the weekends. It don’t make sense but nevertheless You gotta believe us, it’s all for the best It don’t make sense It don’t add up. We’ll always love you no matter what

Come home early after class

Don’t be hanging ’round the back of the schoolyard And if we’re crying on the couch Don’t let it freak you out. This has been so hard

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The video depicts a teenage boy’s parents having a number of heated arguments at the end of their marriage whilst he watches the marriage unravel. The boy doesn’t know how to handle his emotions and gets into trouble at school. Eventually he breaks down and cries and his mother comforts him. She then drives him to see his father and watches as his father hugs him and reassures him. The message is a positive one. The reality is that 1 in 2 marriages fail and inevitably many children will experience their parents breaking up. Sometimes it is better for parents to live in separate households, as they can then be happier individuals and better parents.

It’s vital that children aren’t drawn into any arguments, confided in or asked to take sides. They need to be shielded from any hostility. The best way parents can help children to feel safe and secure is to continue co-parenting their children. That’s not easy when parents may be feeling hurt, angry and scared. Mediation can help parents improve their communication, plan their futures and find some peace. Children need their parents to do this as soon as possible so they know that they will be ok and that both their parents will still be there for them.

At Focus Mediation, we have specially trained mediators who can talk directly with children so they can have a voice and this helps them to feel heard and understood. Call us today to take the first step towards a more settled future for your family.

Some useful resources for helping children during separation:

http://voicesinthemiddle.org.uk – a website for children whose parents are separating/ divorcing

http://www.resolution.org.uk/site_content_files/files/separation_and_divorce_helping_parents_to_help_children_2.pdf

http://www.partnershipforchildren.org.uk/resources/my-child-is-worried-about/divorce-separation/how-to-help-children-adapt.html

Miscuing one another – what’s that?

People miscue one another every-day; mediators are no exception. I did it this morning with my 8 years’ old son. He really didn’t want to go to school. I think I displayed super human levels of patience and understanding for about 2 hours! Then my patience ran dry as we were late and I was seriously frustrated. My tone changed and I got angry.

I told him to hurry up and that his behaviour was terrible. It escalated and he was crying and refusing to move and I was now shouting. If I had hoped that this would be more successful than my previous cajoling then I was very much mistaken. He was more adamant than ever that he wasn’t going to school and I couldn’t make him. I was determined he was!  We were in deadlock. As he’s eight I was able to frog march him to the car, but felt awful as he was sobbing.  I couldn’t calm him down and he went into school upset. Strong arm tactics won’t work at all between adults and weren’t very effective for me with my son either.

My cajoling didn’t work with my son, but losing my temper made the situation a million times worse. What did I expect? My son could not see I was upset or angry and stop and rationalise his fears about school, he was far too agitated himself. So sadly I triggered the wrong response and set myself up for failure: this is what miscuing really is.

I have another personal example I sometimes give clients. My husband used to ‘forget’ to take the bins out every week- a job I struggled with as they are really heavy.  For months I’d nag him to do it and he’d invariably forget and I’d be angry. Nothing changed. I decided to take my own advice and improve our communication. Using sentences starting with “I feel” rather than “you… never take the bins out…” I told him how I felt. I told him the bins were too heavy for me to carry, I invariably dropped rubbish out of them and made a mess and I was often running late as our youngest is struggling with school etc.

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He nodded and said ok. The next day he did it. I acknowledged his effort and thanked him when I got home. He then apologised and said he genuinely used to forget to take the bins out as he leaves very early and didn’t realise how much it would help me if he did it. He’s never forgotten them since. I thought he had heard all the reasons I needed his help and just didn’t care. However, the way I had asked him meant he just couldn’t hear me properly; he just heard my criticism and anger.  So, the saying, “it’s not what you ask, but how you ask”, really resonates with me.

I often hear clients miscuing one another in mediation, especially when the topics they are discussing are very emotive and important to them. And it’s proven that when people separate their emotions can be as powerful as those experienced during a bereavement.  It’s so hard to remain calm and logical; especially if you feel your ex is standing in the way of you seeing your children, or is hurting them or preventing you from moving on.  Miscuing can make you feel you can’t win whatever you say your ex will always hear it wrongly.

However, you can control how you communicate with your ex, and you can also control your response. You can also phrase things in such a way that your ex is more likely to find them acceptable. Always be polite and avoid personal attacks. Try smiling. No, I’m not kidding! One couple told me how awful hand over was at contact time. The wife said the husband scowled and tried to intimidate her.

The husband said the wife hated him so much she wouldn’t look at him and treated him with contempt. I broke the encounters down. I asked what was the first thing they each saw? The wife said she didn’t even look – she knew her ex would be staring at her and trying to make her feel bad. The husband said he saw her looking the other way and it made him angry she didn’t even think he was worth looking at. They were both miscuing one another.

I suggested next time they made eye contact and said ‘Hello’. They needed to let their son know they could be civil. That genuinely was the start of them understanding each other better and being able to co-parent their son. They needed to put themselves in the other person’s shoes and they both persevered because they loved their son. He was so much happier and felt more secure when they were getting along. They realised they each loved their son far more than they disliked one another.

Mediation is not an easy option. It can feel uncomfortable. However, mediation helps improve communication and reduces the frequency of ex-partners misunderstanding one another. It gives children what they need and want the most; parents who can and do put them first.

 

Separation and divorce end a couple’s relationship – but what about the ongoing importance of the separated family for their children?

The importance of the family is perhaps something we all take for granted and under-value – until it is not there. What we know is that we all thrive better and fulfil our individual potential within a family unit where we can be nurtured, valued and supported. Children need to have secure attachments during their formative years and this is a fundamental and irreplaceable basic need. Sadly, when parents separate and are in conflict, are facing uncertainty and may be afraid of the future, they can lose sight of their children’s most basic needs.

Essentially after separation children usually have two homes where they need to belong and feel valued. Whilst children may spend more time in one home than the other, both homes are equally important. Parents may no longer be able to live together – but they still need to be able to operate as a functioning family albeit under two separate rooves.

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Achieving this can be tricky – but mediation provides the opportunity to come to terms with the new reality and process information and plan. Your whole life can be thrown into the air like a pack of cards – so you don’t know which way up they will land. If there are children, the family may be separated and living apart – possibly some distance apart, with the children moving between two homes. The assets and income will need to go twice as far and friends and family may be divided too. The most basic foundations of several lives will change.

At a time like this, people need a calm supportive environment to process what is happening to enable them to move forward and to limit any further damage to them, their family and assets. Fighting tends to protract matters and be both emotionally destructive and expensive. Mediation offers the opportunity to the whole family to be supported in renegotiating their relationships to create a separated but functioning family with different boundaries.  The mediator helps you retain control of the decision-making process – and plan for your separate futures kindly and constructively.

Mediation or solicitors? Which is the best route for a fast, cost-effective divorce?

If you are thinking about a divorce, your head will be full of worries about the future. Will you be able to afford two households? Who gets what? And how on earth do you “share the children”?

The last thing you want is uncertainty about the divorce procedure. Do you instruct a solicitor or do you come to a mediator? Here is a brief overview of the best possible use of both since the two approaches complement each other.

Mediation is usually by far and away the best process to use when considering arrangements for your children. You work together as parents, with the mediator’s help: round the table discussions are far more fruitful and less divisive than an exchange of solicitors’ correspondence or, heaven forbid, contested court proceedings. In mediation, an accredited mediator can give your children a voice by talking to them in an informal relaxed way and relaying their wishes and feelings back to you. This can be invaluable in helping you do the best possible job for them and in clarifying what they really think and want to happen.

So far as finances are concerned, if you are divorcing, you are aiming for a Consent Order which will record your eventual agreement and make it binding. This Consent Order must be connected to a formal divorce. So, one of you needs to file a divorce petition. You can download a divorce petition and file it yourself, but many people prefer to ask a solicitor to do this for them, so that the process is handled correctly. You will also probably want to take your solicitor’s advice on any financial agreement that you eventually reach. So: at least one of you needs to find a solicitor to start the divorce.

However, using a solicitor to take you through the process of disclosing your finances and negotiating a settlement can be time-consuming, expensive and divisive. This is where mediation comes in again.

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One of you contacts a mediation service, who will arrange to see each of you separately to get the background of your financial situation. Your mediator will also use this meeting to explain how mediation works. Here at Focus, we make a point of giving you the forms you need to complete at that first meeting, so that you come back to your first joint session with all your disclosure ready. We waste no time in helping you both establish the value of your home, the mortgage, any savings, pensions, debts: in short, we help you establish a clear picture of your finances for yourselves and for anyone advising you. This is an essential first step to sorting out any financial agreement.

In your second or third joint sessions we can help you negotiate a settlement. We look at the equity in the house, division of savings, allocation of debt, and provision of retirement income through pensions. We also look at your income and outgoings and help you work out your budgets in your separate households, which enables us to help you set an appropriate level of maintenance and child support.

We then write up all your figures in an open financial statement and your agreement in a memorandum of understanding. You are recommended to take both of these documents to your solicitors, who will draft a consent order for you. This will be put before a judge so that it can be made legally binding.

Your solicitor will then be able to finalise your divorce with a decree absolute, unless you have done it yourself.

As you can see, mediation is a useful procedure both for children and for finance, and can be educative and even healing at this difficult time. However, solicitors play an important part in the process too. So, mediators and solicitors together help separating couples sort out the many (often teething) problems inevitably arising and reach an agreement so as to leave this unpleasant episode in their lives behind them as fast and cost-effectively as possible.

Family Justice Council Publishes ‘Sorting out Finances on Divorce’

Ever wondered what a clean break is? Or what the options are for your pensions on divorce?

The new publication launched by the Family Justice Council is a useful guide for those contemplating separation and all that this entails financially. A lot of the case law we read about are the ‘high end’ cases where millions of pounds are at stake. The guide however provides a summary of the legal position for those people with a regular financial picture where the focus of the courts will be on the wellbeing of the children and dividing the finances in a way that meets the needs of both parents in the short term and hopefully in the longer term too.

In mediation, we suggest to clients that they take legal advice on the best and worst case scenarios should they end up in court. Would the court consider the split that they are asking for in mediation as being appropriate? Does the proposed division meet the housing and income needs of both separating partners and, most importantly, does it adequately provide for the needs of the children? For some clients, where finances are very tight, they say that they can afford to take only limited advice. Without understanding what the legal parameters are, it can be harder for them to reach agreement in mediation, which makes this guide particularly welcome.

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I would recommend that couples who are separating, with averages, with or without children, should read this guide. These are the principles which might provide the framework for a mediated agreement, which can become legally binding as part of their divorce.

In order to be binding, the agreement reached in mediation will have to take into account the principles covered in this handy guide. The writers have done a fantastic job in bringing the main points in one place and writing in clear readable language. It won’t be universally applicable as there are always special cases and a general diagnosis cannot replace tailored advice. However, it will be a very helpful resource for many people.

You can find the guide to ‘Sorting out Finances on Divorce’ here: https://www.judiciary.gov.uk/wp-content/uploads/2016/04/fjc-financial-needs-april-16-final.pdf

The Bottom of the Rollercoaster – and what happens next

Sometimes in life we suddenly see something and realise that until that moment we have not understood it at all. I had one of those moments when someone described the rollercoaster of grief – because that is what the pain of separation can feel like. This image describes the emotional journey people take through grief – starting with denial and shock, fear and confusion, through anger and blame, shame and anxiety to the depression and helplessness of the low point of it all. This is arguably the worst point, as there is sorrow without the distractions of blame and anger. It is a time of realisation and coming to terms with the new reality, even for someone who wanted the relationship to end, as there is still change and loss. It can be hard. What people don’t always realise when they are in this dark place is that there are more stages to come on their journey. The stage of dialogue and bargaining eventually arrive and then acceptance and a plan for a new future. They can and will go on; they will have a life to live and a future.

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In summary, when couples separate they – and indeed their children – experience grief, as they are living through loss. This is best described as a rollercoaster of emotions and the traditional processes that have evolved through the decades to ‘help’ couples resolve their differences are wholly unsuited to actually resolving anything. This is because they are adversarial and tend to promote discord and holding on to extreme positions. Court proceedings may feel deeply attractive to the angry blaming person, as they offer an apparently legitimate outlet for their fury. By contrast mediation is an opportunity to listen, to try and understand each other, be mutually respectful and compromise. If you’re mad as fire, this will be unappealing. I’ve lost count of the number of clients when hearing about mediation and what it can achieve, say firmly: ‘Well that won’t work. My ex is very unreasonable. There’s no point in even trying to sort it out.’

But here’s the thing, no one ever said to me that they wouldn’t mediate because they were unreasonable. And here’s another thought – people do arrive at the stage of being ready to bargain and talk. They will want to sort it out and move on. It happens. It may be in the middle of court proceedings, it may be some other time, but when you get to that point, suddenly all the fighting and messing about seems utterly pointless, a complete waste of time and money. That is a great time to mediate, because mediation is fast and effective and you will get where you need to be surprisingly quickly. Everything can be sorted out, agreed and put behind you, you can move on from the conflict of the past and through dialogue and bargaining to acceptance and to a new and brighter future. You will have come up the other side of the rollercoaster and will be able to look back with relief on the journey you have accomplished – and be glad it is behind you. Nothing is so focused on getting you both to that point as mediation. Think about it.

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).

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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.