Mediation

Hello All

Thanks for your input, you have helped put my mind at rest. I've decided to try mediation if H is willing of course.

Regards

Shelia

Why on earth don't they tell you you don't have to be in the same room eyeball to eyeball with your husband or wife for mediation? I had no idea .. I'm sure that's what puts most of us off - who would go through the FDR sudden death nightmare if you could take your time negotiating a proper deal with an objective friendly referee - I turned down mediation because I couldn't face him - I wonder why solicitors aren't keen to give us the full picture on mediation ?

I must admit, I sometimes wonder why mediation is not used more often., I admit to the cynical thought crossing my mind that it is not in lawyers' commercial interest to suggest that their clients use alternative dispute resolution.

It is always sensible to get advice from a lawyer on your own account before going into mediation - you need to have some general idea of the sort of order a Court would be likely to make in your case, so that you can use that as a yardstick against which to measure any suggestions by the mediator. And admittedly mediation will not work in all cases - it won't help if the husband is refusing to pay his wife one eurocent, nor in cases where the wife is claiming everything up to and including the shirt on his back. But I have seen and heard of too many cases where both parties started out by wanting a fair settlement - until they went to their lawyers, and finished up not speaking to one another.

It will be interesting to see whether the introduction of the new rules on costs will help to discourage unreasonable claims, both by husband and wife, and make them more willing to take a realistic negotiating stance.

Mike

Hi

My sol has pointed out u can have 'shuffle mediation' where u r in different rooms.

Mike? what is this about new rules on costs? Appreciate it if you could explain.

Regards Shelia

Hi Shelia

The new cost rules go something like you both pay your own costs now it does tell you on here somewhere cant remember where but its for court cases that started after June last year. I think. If i can find the information which i have stored on my computer somewhere then i will post the exact wording.

Kind Regards
Louise

I have a mediation session booked & I,m lookin forward to it. I,d rather pay the £50 a session to them than £175ph to a solicitor. I,m also hoping it,ll bring the soon to be ex wifes outrageous claims on me to a shuddering halt & make her see sence. I know quite a few people who have been down this route & thay all sing its praises. I for one am looking forward 2 it !!

Dobbs.

Sheila

Let me first try and explain what I was talking about when I mentioned costs.

If there is a contested hearing about such matters as maintenance and division of property, the Courts had, and still have, the power to order that one party pays or contributes to the costs incurred by the other side.

New rules brought into force last year means that the general rule is that, in such cases, each party should bear their own costs,
.
I thought I would be able to get at these rules on the Department for Constitutional Affairs website, so far without success. I did manage to get hold of an article in The Observer, of which the following is an extract which I hope will enable you to trace the full article.

The text begins as follows :

New rules mean that both sides will now be expected to cover their own legal costs, reducing the need to go to court, writes Jon Robins

Sunday April 23, 2006
The Observer

Divorce courts have adopted a new regime in a bid to put an end to warring spouses running up massive legal bills in the expectation the other side will foot them.

Where divorcing couples could previously ask the court to make an order that their ex paid both sides' expenses, the new rule creates a presumption that parties cover their own legal costs.


It remains for me to add, however, that the Courts still retain the right to award costs against a party who is considered to have behaved unreasonably. The hope is that it will lead divorcing couples to be more moderate in their expectation.

Hope this helps, Mike