Sunday, March 31, 2013

Thousands face struggle to afford legal bills.



In the UK, changes to the legal aid system will leave hundreds of thousands of people struggling to cover lawyers’ bills.

This article in the Daily Mirror urges parties to “keep charges down by trying to settle as much as you can through mediation” citing National Family Mediation statistics that the average cost per client of mediation is £535 compared to £2,823 for cases which go to court.”

Thursday, March 21, 2013

Single-mother families struggling in MA


Dividing one household into two on the same income that supported the one will have a dramatic, if not sometimes devastating, impact on the finances in both. Many divorcing couples fail to appreciate the certainty of this event ... the often harsh reality of no change in income, but a doubling of most major expenses.

Unfortunately, a recent report from the Crittenton Women’s Union, a 189-year-old institution that conducts research to help low-income women gain financial independence, illustrates this reality.  An estimated three out of four female-headed households in Massachusetts don’t earn enough to pay bills and raise their children.
 
Divorce mediation gives couples greater control over their decisions  They are not at the mercy of judges who often have to issue boilerplate judgments simply because they do not have time or enough detailed information to craft a personal plan for each family. Such important issues as developing realistic individual budgets for the restructuring of the family, what to do about the the couple's assets and liabilities, and spousal support can be discussed to, ultimately, reach a fair settlement tailored to a couple's particular needs.

Read the Boston Globe article on families in MA not making enough to meet their basic needs. 

Wednesday, March 20, 2013

Joint Custody, From a Distance

Most divorced couples would probably prefer not to see each other. Ever again. But when you share custody of your children, you have to assume a certain amount of face-to-face time amid the endless back-and-forthing.

Think of the clashing summer vacation plans, the who-goes-to-Lucy’s-birthday-party, the “Max forgot his homework again” at Dad’s. And those devilish contretemps that can arise if Mom, for example, decides to keep her house kosher while Dad serves the children pork chops. Or if her new boyfriend is suddenly sleeping over on “her” nights to host the children. 

Let’s just say that no matter how well ex-spouses and still-parents coordinate, there’s a good chance of teary phone calls, angry exchanges during drop-off, and all-out fights about who’s not saving enough for college, often played out smack in front of the children. 

Unless, of course, it’s all done remotely. These days, the cool aloofness of technology is helping temper sticky emotional exchanges between former spouses. And for the most part, according to divorce lawyers and joint-custody bearers, handling the details via high tech is a serious upgrade. 

It’s joint custody — at a distance. 

Read the article.

Tuesday, March 19, 2013

If Heirs Are Fighting, Try Mediation

Interesting interview in the Wall Street Journal with William Zabel, a prominent trust and estate lawyer, who has been practicing law—and mediating estate disputes—for more than 50 years.

"My advice is that there is hardly any downside to trying to mediate before you litigate. There may be a roadblock that can't be solved by mediation or litigation because it involves such deep psychological differences or resentments, or some ancient sibling rivalry. Maybe mediation is tougher in estate disputes than in divorce cases because it is all or nothing: You can't give half a Persian rug to somebody, whereas in a divorce, you are often mediating over dollars, which can be divided up.

But in general, the lasting anger and bitterness of litigation doesn't seem to occur when matters are settled by mediation."

Read the article.