It has recently been reported in the press that in two particular cases where the male parties had failed to give full and accurate financial disclosure, the UK Supreme Court decided that the cases may be reopened. In many respects this is a very welcome decision. There may well have been an injustice which has to be rectified.
One cannot help but wonder how things might work out. The aggrieved parties may not be very happy to mediate and in all probability they will look to the courts to ensure that matters are dealt with appropriately. If all concerned subsequently confirmed that they are satisfied that there has not been full and accurate financial disclosure what is to stop the parties then going to mediation? Further, long protected and costly court proceedings will only serve to ensure that the levels of mistrust and acrimony that undoubtedly exist will increase. The combination of a skilled family mediator and a private, confidential process is showing what is required in cases such as these.
One cannot help but wonder how things might have worked out had the parties gone to mediation in the first place. As ASM Plus has often pointed out, the process of mediation brings out the best in people not the worst. No system is perfect but mediation gives the parties to family disputes the opportunity to be frank and honest with one another and one suspects in the environment that it engenders, errors and omissions in the financial disclosure process are more likely to be picked up.
Principal Director of ASM PLUS, civil/commercial, workplace, employment, family and educational mediator and trainer with a judicial/legal background. He has knowledge and expertise in dispute resolution in a wide range of areas and disciplines and mediates online.