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Mediation or court?

  • LittleAngel01
  • LittleAngel01's Avatar Posted by
  • Junior Member
  • Junior Member
30 Oct 19 #510216 by LittleAngel01
Topic started by LittleAngel01
Hi Lovely people.
I'm stuck ...not sure if to go straight to court or give my stbx mediation chance?
Had MIAM session with mediator and she is happy to sign the form for court proceedings tho in the middle of conversation she asked if I didn't think trying to mediate with him would look better in my case?
There is no massive equity in the house (£30000), 1 child 10years old, married 12 years. Went with the advice of solicitor and offered him £5000 for the transfer of the house to me. He obviously refused and went to solicitor for an advice. I've received letter from his solicitor full of lies stating i shouldnt get anything monetary from the house at all and him wanting to be amicable is offering me £3000 for the transfer to him. We bought the house together whilst married.
I really feel uncomfortable to sit with him and negotiate as he is going to intimidate me and I feel that if he lied to solicitor what would stop him lie at mediation?

  • LittleMrMike
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  • Platinum Member
  • Platinum Member
30 Oct 19 #510218 by LittleMrMike
Reply from LittleMrMike
It's hard to give ' one size fits all ' advice.

If your husband has lied to his solicitors, he may well lie at mediation, or in Court; from your point of view, if he is caught out in a lie, it discredits his evidence to a greater or lesser extent. And getting the judge on your side is half the battle.

My advice has always been along the lines that you know your ex and I don't. Done properly, mediation can be useful. Even if agreement is not reached, it may narrow the areas of disagreement between you and reduce court time at a hearing if, say, half the basic facts are agreed.

But only you can judge if his willingness to go to mediation is genuine or whether he is just stringing it out.

I have said it before umpteen times, but the critical document is your statement of financial affairs or form E. It is vital that you get this right and that you support it by bank statements, bills, invoices, etc etc.


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