Mann v Mann

Mann v Mann

The agreement to mediate is sufficiently certain and binding, but it cannot bar the wife from applying for enforcement; the proper course is to adjourn the enforcement application for a specified period to allow mediation, not to impose an indefinite bar.

Parties
Applicant: Shelley Mann; Respondent: David Anthony Mann
Jurisdiction
England and Wales
Judgment Date
05 March 2014
Procedural Posture
Family Financial Enforcement / Application for Enforcement of Financial Order; Consideration of Effect of ADR Agreement
Outcome
Application for enforcement adjourned for 8 weeks to allow mediation; directions for financial disclosure; Ungley Order made to encourage ADR participation.
Legal Topics
Enforcement of Financial Orders, Alternative Dispute Resolution (adr), Maintenance Agreements, Mediation Clauses, Access to Justice
Family Law Civil Procedure Enforcement of Financial Orders Alternative Dispute Resolution (adr) Maintenance Agreements Mediation Clauses Access to Justice

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Parties

Shelley Mann

Applicant

David Anthony Mann

Respondent

Procedural Posture

Family Financial Enforcement / Application for Enforcement of Financial Order; Consideration of Effect of ADR Agreement

Legal Issues

  1. 1 Whether an agreement to mediate bars enforcement of a financial order
  2. 2 Whether the agreement to mediate is enforceable and sufficiently certain
  3. 3 Whether the husband was obliged to pay rent for an alternative property under the agreement

Ratio Decidendi

The agreement to mediate is sufficiently certain and binding, but it cannot bar the wife from applying for enforcement; the proper course is to adjourn the enforcement application for a specified period to allow mediation, not to impose an indefinite bar.

Court Disposition

Application for enforcement adjourned for 8 weeks to allow mediation; directions for financial disclosure; Ungley Order made to encourage ADR participation.

Orders

  • Enforcement application adjourned for 8 weeks to allow mediation.
  • Each party to file a Form E with supporting documents within 4 weeks.