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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

mediation broken down

8 replies

AllInTentsWithPorpoises · 22/11/2021 11:20

I'm reposting this here as traffic on the divorce boards is small. Long story short - I'm divorcing a narcissistic arsehole.

We agreed a mediation settlement and mediator drew up the paperwork. He didn't sign off on the memorandum of understanding, he went silent for just over a month after the mediator sending it, despite us both chasing him. Then emailed to say he was no longer happy with it. He then made a revised offer with split more (approx £20k) in his favour and is now refusing to budge. We are currently at a stand off and it looks like mediation is over.
What options do I have now apart from court? I'm worried about the cost of taking this to court as he has much more money than me and will most likely string this out.
Am I right in thinking my options are mediation via solicitor/ solicitor to solicitor/ arbitration and court?
Wouldn't arbitration be cheaper/ quicker than court? It's only for the financial settlement, nothing else. I thought arbitration might be good as it comes out with a decision he can't appeal/ go back on. Although I appreciate I wouldn't be able to appeal either.

I feel so stuck. This has all been going on years - we separated 5 years ago, the divorce has been started 3.5 years ago and mediation has been going on for a year. I honestly feel like he's never going to let me go which just makes me feel sick.

OP posts:
ThisIsStartingToBoreMe · 22/11/2021 11:23

If you agree to let him have £20k more will there still be enough money for you? Pick your battles.

AllInTentsWithPorpoises · 22/11/2021 11:34

It would have a long term financial affect on me to take what he is offering.

OP posts:
ThisIsStartingToBoreMe · 22/11/2021 11:37

Just go straight to court for a final financial hearing then. No messing, straight to court. If you both can't agree on the settlement then the judge decides. That's how it works. The judge will be fair, your ex won't.

AllInTentsWithPorpoises · 22/11/2021 11:42

See this is why I was wondering if arbitration might be cheaper/ faster outcome/ easier? Isn't it essentially the same thing but done privately so you get to choose your judge?

OP posts:
ThisIsStartingToBoreMe · 22/11/2021 11:47

I've never heard of arbitration for a divorce sorry maybe it's a new thing. In any case, arbitrate just really means negotiate which you've already tried and failed at mediation

GrumpyLivesInMyHouseNow · 22/11/2021 11:48

I think if he keeps stalling and messing you about it will be quicker and easier to go straight to court. You can represent yourself which will keep the costs down.

Struggling1702 · 22/11/2021 11:51

Sorry to hear you are going through this. My ex has done something similar. Unfortunately we only have £80k equity in the house which is what we've been arguing over. Court costs would be £60k or so so pointless. Not what you want to hear but I've had to agree a crap deal too because he's loaded and I'm not. He's got the family home and we move out in January, despite me having 70/30 custody, earning a 1/3 of what he does and having sacrificed my career for his.
It sucks. Also sucks he's moving his new girlfriend of 3 months in too.
But... Positives are I will finally be free!

AllInTentsWithPorpoises · 22/11/2021 12:01

@Struggling1702 I'm sorry to hear that. Court is so expensive. I think I need to do a lot of research before I head down that route. I sincerely hope that once you are free, all the good things in life come your way. And not his. He can come down with a raging case of dick rot.

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