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Failed Mediation

  • Kevin01
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16 Jun 08 #26521 by Kevin01
Topic started by Kevin01
I always new that mediation would fail due to my ex wife's intransegence and her failure to disclose her assets. I never the less started the farce to show willing. I had to pay £550, that I can ill afford, whilst my wife was publically funded.
We had 2 sessions where the mediator bascilly transposed what we had previously written onto the disclosure sheets onto a whiteboard.
At the end of the second session the mediator said that he would not continue as we could not value and overseas business. We came up with something on the child access that took about 5 minutes and that my wife has already driven a cart and horses through.
The mediator said that he would refund £350 but nothing yet.
Can I insist that the mediation goes to completion, I have after all paid for it.
£550 from me and what ever the tax payer pays for my wife to copy two forms onto a white board seems to me to be extortion.

  • mike62
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18 Jun 08 #27169 by mike62
Reply from mike62
Kevin,
The underpinning principle of mediation is a collaborative approach where the parties negotiate towards a settlement. It sounds like you ex is unlikely to ever get to that point, in the current climate.

You cannot force someone to go to mediation, nor can you force the mediation to a conclusion.

Although your wife is publically funded, it is a loan which must be paid back. Small crumb of comfort.

If this were to go to court and your wife were proven to be concealing assets, the court would take a very dim view of her conduct.

She also needs to understand the costs involved in going to a full financial hearing. Can be £20 - £30,000. How does that stack up with the asset values? If she is being difficult for difficult sake, it is going to cost both of you and your children in the long run.

Sorry it is not more positive

Mike

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