Abstract
In general, mediation attracts a more educated and more affluent group of people. This is the same group who have come to believe that the benefits of a college education are important and necessary for their children’s future well-being. As such, it is an area of concern that they expect, and are willing, to discuss. In fact, given the setting in which the discussions between the couple take place, provision for college education expenses is more common in agreements concluded through mediation than it is in agreements concluded through traditional adversarial proceedings. This is particularly so when the children in question are not yet near college age.
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Notes
See, e. g., Wolk v. Saidel, 135 A.D.2d 987, 522 N.Y.S.2d 705 (1987); Miller v. Miller, 163 111. App. 3d 602, 516 N.E.2d 837, 114 Ill. Dec. 682 (1987).
It would be wrong to conclude from this that women who resort to mediation pay a larger portion of their children’s college education expenses than do women who resort to traditional adversarial divorce proceedings. It is only the fact that college education expenses are included in mediated agreements so much more often than they are in agreements concluded through adversarial proceedings that would suggest this. Obviously, if the agreement contains no provision requiring the husband to contribute toward these expenses, it will be silent as to the wife’s obligation as well. But this does not mean that she will not have any obligation. In fact, and as a practical matter, she may end up shouldering almost all of it.
A procedure that can be employed for this purpose is set forth in Chapter 21, Memorandum of Agreement, on pages 395-396.
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Marlow, L., Sauber, S.R. (1990). College Education. In: The Handbook of Divorce Mediation. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-2495-7_20
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DOI: https://doi.org/10.1007/978-1-4899-2495-7_20
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