Mediator and DPA

[Smashingpumpking]

Hi all,

i undertook mediation for divorce. The mediator was incompetent. At the final meeting, after disclosing my bottom line to the wife which compromised my ability to get a better deal, he told us that he would prepare the papers the next day.

six weeks later, after my wife, our solicitors and I tried to contact him repeatedly, he admitted that the files were missing. He said they probably went missing the day after the meeting as he took them from the office to prepare documents.

my wife died the day after this discovery leaving me with a costly battle with the estate.

did the mediator break DP by not informing us earlier? he offered £200 as consolatory payment which I rejected.

the delay caused by loss of files and failure to inform us cost me time and money fighting the estate, is he liable for the damages to well being, and finances?

He has been vague, and stalling for time, refusing to answer questions, denying responsibility for failure to inform and the subsequent cost to me.

more details if needed. With thanks for your time and input.
ant

[Amethyst]

Re: Mediator and DPA

Could you explain a little more about the battle with her estate ?
Did your wife have a will and has the fact you were divorcing created an issue with her estate ?
Was your wife expected to pass away ?
Had the papers been done straightaway (ie within a week or so of the meeting) would you be in a different position to what you are?
Who was the mediator engaged by - was he engaged by the courts ?

[Smashingpumpking]

Re: Mediator and DPA

The wife had a will but after 17 years of marriage it left everything to her two independent daughters, excluding me, despite an agreement between us for a third each for the two daughters and myself.

the wife's death was sudden, occurring between decree nisi and absolute.

If the papers had returned on time none of the subsequent events would have followed. We would have accepted the agreements drawn up.

The mediator was arranged by the solicitors as part of the divorce process, they both advised financial settlement before divorce and suggested mediation as the best and quickest option if I recall correctly.

thanks
ant

[Smashingpumpking]

Re: Mediator and DPA

To clarify, the legal battle over the estate has now been resolved and I received a settlement. The mediator claims that as I received more through the courts fighting the estate than the sum gained at mediation, I gained from his actions or inactions. However he told the wife "he is asking for 35k but he will settle for 20k" luckily I and my sister overheard his shocking revelation of my position. He claims this is what mediators do but it was an unilateral revealing of my position that biased any chance of a reasonable settlement. At no time did he similarly reveal my wife's position.

Ant

[Amethyst]

Re: Mediator and DPA

Okay that massively narrows down the issues.

So really its whether you can sue the mediator for his mishandling of your case. Did you sign a contract with the mediator ? and did that contract contain information about internal confidentiality ? Otherwise it'd be implied term & a reasonable expectation of confidentiality if you informed the Mediator that information was not to be disclosed to the other party, it wouldn't be. Then there could be breach of contract issues. But then if there was no actual loss ( as the divorce mediation didn't affect the will ) then you'd only be entitled to nominal damages.

So breach of DPA for losing your file and not informing you - complaint to the ICO and if the mediator is part of a 'trade'body such as the FMA complaint to them. Damages for breach of DPA would be through the courts but a complaint to the ICO should be made firstly and again you'd have to show loss - http://ico.org.uk/for_organisations/...6/compensation ( guidance aimed at the organisation rather than the complainant)

I suspect you have got quite a long way along the road of complaining to the mediator, have you consulted your solicitors about the matter already as well?, and what was their view?