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The Certainty Project - a new way to avoid court delays in divorces involving a narcissist.

Supriya McKenna

The Certainty Project

          - a new way to avoid court delays in divorces involving a narcissist.

If you are currently going through the court system to divorce your narcissistic spouse in the UK you will doubtless be tearing your hair out. The overstretched, underfunded court system was on its knees even before the COVID-19 pandemic. But now, sadly, things have reached a whole new level and the system, as most lawyers will tell you, is well past breaking point.

But what does this mean for you and your divorce? Well, in a word, it means
delay.
Sorting out the finances and the children’s living arrangements used to take a year to 18 months, but now you could easily be waiting two years to get to a final hearing and a resolution of matters, and this doesn’t do anyone any favours (except your narcissistic spouse).

There are three main court hearings for the finances  - the FDA, the FDR (where you try to reach a resolution through negotiation) and the final hearing (which you only get to if you can’t reach an agreement at the FDR). At the final hearing (a highly stressful affair, during which you and your spouse will be put in the witness box and cross examined by each other’s barristers) a judge will decide your financial fate.


"Only around 3% of all divorces end up at a final hearing - but the majority of narcissistic divorces do."


 And it’s even worse if you also can’t agree on the children’s living arrangements or schooling. A completely separate court route will be taken here, in addition to the financial path, with yet more hearings. If allegations of abuse or parental alienation have been made (as they so often have been where a narcissist is involved), there will be expert reports to be done by CAFCASS or social services which can take months to be completed, and which may favour the narcissist, who is a master of impression management. If the allegations are about you, you may not be allowed unsupervised contact with your children, and you may even have to pay for an agreed person to supervise the time you spend with your children. And all of this can go on for literally years, until the final decision is made by a judge.


The problem with judges


Judges, who are chronically overworked, may not even have a background in family law. They may not have time to read the paperwork before the trial and may be unfamiliar with your case. They too might be taken in by the plausibility of the narcissist. Although they try hard to put any biases to one side, they are not infallible and, like everyone, are affected by their unconscious biases - they may not realise that you remind them of the aunt they used to loathe, or that your former spouse is like their long-lost brother. And, because judges are in short supply, you may even end up with lay magistrates, with
no legal background, hearing your case instead.


The problem with delays

The long months that stretch out between your court hearings are also a problem when your spouse is a narcissist. Remember that narcissists need 'narcissistic supply' as fuel, and keeping you in a battle for as long as possible gives them just this, from the drama and the conflict. Narcissists don’t want to settle things quickly - they want to eek things out. It gives them the opportunity to mess around, changing jobs or reducing their earnings, hiding or giving away assets and turning up to the marital home to take items when you are out. It gives them the opportunity to try to turn the children against you, or use them as weapons of their abuse. It allows them plenty of time to send you nonsensical ranting accusatory emails and texts which send you into an emotional tailspin, or to threaten you or your loved ones with blackmail. It gives them time to send your solicitor pointless letters, via their own solicitor, if they have one, about trivial matters, just to make you spend money on legal fees in responding. It gives them ample time to wear you down, and to teach you a big lesson - that they 'own' you and always will, and that they will do everything they can to ‘win’ at all costs.


The problem with Court


If you are hoping that the court system will deliver retribution for the narcissist’s bad behaviour, I am afraid it will not - that is not what it is there for. If you are hoping that it will be fair - well, you may be disappointed there too - the judge can only go on what they are given, and the narcissist will lie and withhold evidence at every turn.

In short, going to court with a narcissist and allowing a judge to decide the fate of your finances and the fate of your children after a long and acrimonious battle is likely to be a very bad idea indeed for your finances, your sanity, your ability to parent and your healing journey from narcissistic abuse. Narcissistic divorces cost each spouse tens of thousands of pounds, often reaching the hundred thousand pound mark, precisely because of the delays which the narcissist uses to financially and emotionally abuse you.


So what can you do?


Well, all is not lost. The Certainty Project is a brand new method of reaching a resolution which can work for both child arrangements and sorting out the finances. It is cheaper (costing a third to two thirds of the cost of going to court), quicker (lasting around sixth months) and fairer than the court process, and it works beautifully with narcissists.


"In a few years from now The Certainty Project may well be the go-to-method for resolving difficult divorces but, for now, its new and it’s cutting edge - and that is precisely why you might be able to convince your narcissistic ex to agree to it."

Because it is new, your solicitor may not be fully familiar with it, and it may well be outside of their comfort zone - but this is no reason not to engage in it. (Being slightly cynical, your solicitor stands to gain a lot more financially from a long drawn out court case then a six month process - although of course not all solicitors are this unscrupulous). Here you may have to do something you are not used to (you have, most likely, a fairly compliant personality, given that you have found yourself in this current situation). You may have to stand up for yourself and insist that they consider it as a serious option. You may even have to go against their advice, and
instruct them that this is the route you wish to take. Not easy, I know, but your if you are brave enough to divorce a narcissist, you are brave enough to tell your solicitor what to do, believe me.

So what exactly is it? The Certainty Project is a private route, as opposed to the state route. It involves the combination of mediation and the hiring a private judge, called an Arbitrator, who will be in charge of keeping everything moving. You first start out by undergoing a specialist form of meditation called Hybrid Mediation (where you and your narcissistic ex sit in different rooms with your respective lawyers and a specialist Hybrid Mediator moves between the rooms, trying to negotiate an outcome). This Hybrid Mediation is the only form of mediation which works well with narcissists, and an agreement can be reached in around 80% of narcissistic divorces using this method. The Hybrid Mediator is a lawyer themselves who has been further trained in the technique of Hybrid Mediation. If you cannot reach an agreement, or can’t agree on everything in mediation, you then move into the ‘arbitration’ process, where the case is presented to the Arbitrator (here you might use a barrister exactly as you would in the court process) and the Arbitrator makes a decision, acting as a private judge. The final stage is that the decision made by the arbitrator is sent to the court to be approved by it, which is the quickest bit of the process. That decision is now enforceable by law.

The Certainty Project gives you the chance to try to reach a negotiated outcome with your narcissistic ex, with the sure knowledge that - if you cannot -  a sensible and decision will be made for you.

Arbitrators differ from state appointed family law judges in that they
all have to have a very high level of training in family law, and will have undergone specialist training to become Arbitrators. You can be sure that your Arbitrator will have read the papers and be properly acquainted with the details of your case, unlike with some overstretched judges in the state system. You can feel reassured by the fact that an Arbitrator’s reputation for fairness is an important factor in them securing further work, and that being fair matters to them. And you and your ex get to choose your Arbitrator rather than being assigned a judge or lay magistrate over whom you have no say.

In a few years from now The Certainty Project may well be the go-to-method for resolving difficult divorces but, for now, its new and it’s cutting edge -
and that is precisely why you might be able to convince your narcissistic ex to agree to it. This kind of method will appeal to their ‘specialness’ - it’s certainly not for the ‘riff raff’, as they might see it. They might also like the fact that it will cost them less money than going to court  - but the speed of it is not something to be emphasized when you are trying to convince them to agree to it - remember that narcissists love delay and want to keep you in play as a reliable source of narcissistic supply for as long as possible.

So, even if it means going against a reluctant, late adopter solicitor, give it a try - your mental health, your bank balance and your children could all benefit.

For more information, including information for your solicitor on how the process works, visit
www.thecertaintyproject.co.uk.


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