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Mediation:
Limiting the Cost of Divorce
by
David E. Rickett, Esq.
Recently, the Daily
News (January 19, 2006), ran the result of a study conducted by
Ohio State University regarding the cost of divorce. The article
set forth the findings that parties marrying and staying married
accumulate nearly twice as much personal wealth as a person who
stays single or gets divorced. This study quantified and put statistics
to the common understanding that most individuals knew about divorce
already. The savings and investments that have been built up over
a number of years from one income or even two can take a great
hit when you know have to divide everything. The life style that
was maintained in one household is generally not the same after
a dissolution. What used to support one household now ends up
going to support two households in some form or fashion and there
simply is not enough to go around. This study did not even address
the emotional cost of going through with the dissolution, nor
did it consider the cost of an attorney. So what is one to do?
You have come to the
conclusion that dissolution is unfortunately the only way in which
you must proceed, but you dont want to throwing good money
after bad and more emotional turmoil on top of already sensitive
feelings. Mediation may be your answer. A large cost of dissolution
is the fact that emotions are involved. Generally, far too often
the "Ill teach you" mentality takes over. What
ends up happening is that if one party operates on emotions without
concern for their financial well being thus the other party generally
then must, at least at a minimum, stand their ground and play
defense - which can be equally as expensive in attorney fees and
the downward spiral begins.
Generally, in mediation
the focus changes from punitive to creative. Each party plays
a factor in the decisions. Each party has their voice heard. Mediations
generally do not allow for emotions to dictate the course but
instead emotions are the source for a workable solution. While
there are certain cases that must be litigated, there are a large
number of cases that should be mediated: so families save or at
least limit the cost of divorce both financially and emotionally.
For more information,
contact the Law Offices of James P. Reape, at
661-288-1000, located at 23929 West Valencia Boulevard, # 404
in
Valencia.
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