Law Office of Joanne Kleiner

Archives for August 2021

Aug 20

Mediation and Children’s Emotional Health

Divorce can be a contentious and emotionally fraught process that has a lasting impact on everyone. When there are children involved, the way that the parents interact during the divorce process can leave long-lasting emotional effects. Mediation can provide a way for parents to work towards resolving child custody, support, and other related issues in a more amicable way, modeling positive conflict resolution for their children and putting the children’s best interests first.

How Does Mediation Work?

Mediation works by having both parties to a divorce work with a neutral third party to resolve their issues and reach a divorce agreement. Both spouses can have their own divorce lawyer to support them, but the neutral third party listens to each side on the issues and helps them find a solution that both can agree on.

Even couples who might not get along very well, in general, can find it beneficial to have that third party present to listen and help as it can make the divorce process run its course faster, and it can also be less costly. Working together to resolve these issues instead of fighting in court can also reduce the tension between the parties. A faster and more peaceful resolution to the divorce is particularly important during the COVID-19 pandemic when the tension in some households has risen so much that it ended in abuse. Resolving a divorce quickly and without acrimony can be particularly helpful when there are children involved who will be affected by their parents’ interactions during this period.

How Mediation Can Benefit Children in the Middle of a Divorce

Divorce is a highly emotional process for everyone involved. Parents might become so consumed in their battle with each other that they might not even perceive how their children are being affected by this and how these effects will have a long-lasting impact on their emotional health. However, when parents decide that mediation is the right path towards divorce, they will need to sit down together, put their emotional issues aside, and work towards finding a way forward. During mediation, parents not only discuss the division of property. They can resolve many issues including custody and visitation, parenting plans, child support, and tax issues related to the children.

With the support of the mediator and each parent’s respective divorce lawyer, parents can model more positive behavior towards conflict resolutions that show their children that divorce does not mean the end of the family and that, even as their marriage is ending, parents are thinking first of what is best for their children.

Helping Your Children During Divorce

The dissolution of marriage is a time where children can experience anger and grief as they face what can seem to them to be the end of their family. They might act out and struggle at home and in school during this period. There are many ways you can help your children cope through and after divorce. They need both parents actively involved in their lives. Working together through mediation to reach an agreement on child-related issues can show the children that both parents are committed to them even if their relationship with each other has ended. Through your support, your children can overcome the many challenges they encounter during this time. You can offer your children support through a variety of ways, including:

  • listening to their fears and concerns about the future
  • being patient with their own process of grief
  • providing routines and stability
  • modeling positive interactions between parents
  • encouraging and supporting the time the child spends with the other parent

If you are a parent who is getting divorced and would like to explore the option of mediation to resolve your issues, contact the Law Office of Joanne Kleiner for assistance. You can call us at 215-885-1266 to schedule an appointment in our Jenkintown, Pennsylvania, office.

Aug 16

Divorce Mediation and Arbitration: What You Need to Know

According to published information, there were more than 34,000 weddings in Pennsylvania in 2020. While nobody enters a marriage anticipating that it will come to an end at some point, circumstances and situations may change over time, which could then lead to the need to have an attorney explore available options. Below, we take a closer look at two ways to approach end-of-marriage negotiations in the Keystone State: mediation and arbitration.

Divorce-Related Mediation

If the end of a marriage isn’t especially contentious, a divorce lawyer may recommend mediation as a way to reach a mutually agreeable settlement. Divorce mediation gives separating spouses a way to handle negotiations with the help of an impartial third party.

How It Works

The mediator acts as a sounding board and does not have the authority to offer legal advice. The role of the mediator is primarily to guide both parties through the settlement process. This often involves identifying the main interests or priorities of each spouse without focusing on “wants” or “entitlements.”

For instance, one spouse may “want” the family car or feel “entitled” to it even though they already have another vehicle to use. The other spouse, on the other hand, may “need” this vehicle for work. With a situation like this, a mediator might point out that if the spouse in need of the car can keep working, they’ll be more likely to be able to pay any child or spousal support that may be part of the settlement.

Sessions with a mediator usually take place in a conference room or similar setting, at least to start with. After this, meetings usually take place individually with each party. Should a point be reached where progress can no longer be made due to lingering disagreements, arbitration or litigation may be recommended.

Benefits associated with mediation for divorcing couples include:

  • Saving time and money
  • Reducing emotional stress
  • Encouraging respect and cooperation
  • Keeping the focus on problem solving in a productive way

Divorce-Related Arbitration

Arbitration is often recommended when an impasse has been reached by divorcing spouses, as may be the case if the less-formal approach of mediation isn’t working well for involved parties. It’s a process that can be appealing to couples preferring to avoid court while still reaching a settlement arrangement that’s mutually acceptable. It’s also a way to work through key issues in a more structured setting.

How It Works

Arbitration takes place in a private setting, not a courtroom and it can take the place of in-court proceedings. The time and place are determined based on what’s convenient for the divorcing spouses, allowing for more flexibility than what’s typical with courtroom proceedings. An attorney represents each spouse, and an arbitrator both parties can agree on is also selected.

The arbitration goes through the various issues that need to be reviewed and resolved. In some instances, the spouses or their legal representatives can determine the nature of the process and how long the arbitrator has to make a decision. The arbitrator’s decision is referred to as an “award,” which is based on the disputed issues. Typically, this decision cannot be appealed.

Benefits of arbitration for divorcing couples include:

  • Being able to select an arbitrator experienced with the main issues involved
  • Defining the specific issues involved
  • Maintaining and privacy and confidentiality for both spouses
  • Avoiding the stress and rigors of a traditional court-related divorce

When you’re dealing with the end of a marriage in Pennsylvania, an experienced divorce lawyer can make a big difference as you sort through your options. Whether you’re having issues with a contested divorce or hoping to resolve matters as amicably as possible, the Law Office of Joanne Kleiner in Jenkintown, PA, is here to help. Contact our office today at (215) 886-1266 to schedule an appointment.