David Burrows discusses isolation of issues by mediation in financial cases
Caroline Bowden’s article on the understandable difficulties of settling financially complex cases (see “Fields of gold”, NLJ, 9 October 2015, p 11) is balanced by that of Jonathan Herring and his review of AC v SC [2015] EWFC B76 (“Aggrieving agreements”, NLJ, 4 September 2015, p 10). Caroline writes of the mindset of all concerned—parties, mediators and lawyers—which may be goaded by their differing grails (however tarnished). Jonathan writes—though not directly or in a mediation context—of that bridge that may be achieved in some mediations, namely the part settlement: identification of issues to be tried; and agreement around those issues of disclosure and other evidence which can be tied down by the mediator.
As AC v SC [2015] EWFC B76 (the case reviewed by Jonathan) shows judges, they have a role to play; but so too does the absurdity—in 2015—of our outmoded legal principle that a spouse cannot be trusted by the family courts to make his/her own agreement. Husbands and wives must have their deals checked by a district
