A mediation success story

By way of mediation, we assisted a couple seeking an amicable solution to resolving the issues arising from their separation, including the ongoing arrangements for their children and the financial settlement arising from their divorce.

The challenge 

During the marriage, the husband had controlled the majority of the parties’ finances, he had not been transparent with his wife, and, as a result, there was a degree of distrust on the part of the wife. Despite extensive financial disclosure that included input from experts instructed to value a number of properties, a forensic accountant to provide a valuation of the husband’s businesses, and input from a specialist tax expert, the wife was still cynical about the husband’s financial disclosure, as she believed that the husband was concealing assets held outside of this jurisdiction.

Our challenge was to ensure that our mediator created a safe and confidential environment for the parties to explore the wife’s concerns, while trying to balance the realities of the parties’ financial situation in that the assets the wife had hoped to be available on divorce were simply not there because of the fluctuation of interest rates and unwise investments during the latter part of the marriage. The concern was that any breakdown of discussions within mediation relating to the financial settlement would have the knock-on effect of derailing the progress the couple had made in respect of their discussions for the arrangements for the children.

Our approach 

It was clear that a high level of financial disclosure was going to be required in this case in order to satisfy the wife’s concerns as to the husband’s level of disclosure. The mediator and the couple worked closely to identify appropriate experts, to include a forensic accountant, to answer questions in relation to the husband’s financial affairs to try to ensure complete transparency. Careful management of sessions was required, and our mediator was able to offer sessions of varying levels of engagement, for example, some online sessions, some face to face and some on a shuttle basis i.e. the mediator moving between the husband and wife to discuss matters individually, to ensure that each the husband and wife felt comfortable expressing their concerns without judgement.

The outcome 

It was clear that a high level of financial disclosure was going to be required in this case in order to satisfy the wife’s concerns as to the husband’s level of disclosure. The mediator and the couple worked closely to identify appropriate experts, to include a forensic accountant, to answer questions in relation to the husband’s financial affairs to try to ensure complete transparency. Careful management of sessions was required, and our mediator was able to offer sessions of varying levels of engagement, for example, some online sessions, some face to face and some on a shuttle basis i.e. the mediator moving between the husband and wife to discuss matters individually, to ensure that each the husband and wife felt comfortable expressing their concerns without judgement.

How we made a difference

Our mediator helped the couple realise, in particular the wife, that they were working with each other and not against each other. Despite the wife’s caution over the husband’s conduct of their financial affairs, with the mediator’s help, the wife was able to appreciate that the reduced pot of assets available to them both on divorce was not because of the husband’s non-disclosure, but rather because of changes in financial markets / increase in interest rates and the cost of living crisis.

Once the financial settlement was resolved, the couple were much more on the same page, and they were able to finalise the arrangements for their children in a pattern that suited both of their working commitments, whilst also building in a degree of flexibility to take into account the children’s teenage ages.

How we can help

If you would like to explore mediation as a means of resolving matters arising from your separation, please contact us. Mediation can assist divorcing or unmarried couples.