Saving the Mediation.

Sometimes persisting and taking the extra step can save a mediation.

Mediated a property settlement arising from a marriage yesterday and things were progressing reasonably okay.

Late in the day however, when the parties were tiring, an issue arose in relation to the possible existence of a military pension derived from the husband's service over 20 years ago.The husband maintained there was no pension,as his years of service were insufficient, however the wife was concerned, after having located an old  bank deposit record which appeared to relate to the husband's service.

The wife wanted confirmation from Veterans Affairs that there was no entitlement, her solicitor insisting that the agreement reached be conditional on this.Both parties wanted finality however and the husband's solicitor was concerned that if the parties left with only a conditional agreement, the settlement might break down.

The only thing left to do to save the situation,was to contact Veteran's Affairs, however it was after 5pm and expectations were not high that the necessary information to satisfy the parties could be accessed.

Fortunately after the customary waiting period, we got through to a very obliging Departmental officer who on being advised of the importance of the information for the parties, unhesitatingly searched the relevant records and provided the necessary confirmation that there was no record of any military pension having issued or been applied for.

In these circumstances the parties were able to proceed to settlement with confidence and left the building with a signed agreement in a form suitable for lodgement with the court.

 Leaving without a final agreement may have placed the entire settlement in jeopardy, a situation neither party wanted, considering the modest pool and the potential costs of litigation.