Law Office of Joanne Kleiner

Archives for October 2022

Oct 09

What Are the Types of Divorce and the Litigation Alternatives?

Are There Alternatives to a Divorce in Court?

In 2020, 58,960 couples got married in Pennsylvania, and 28,884 got divorced. Many people are hesitant to proceed with a divorce because of how they perceive the attention, expense and stress of the process. If you’re considering a divorce, a consultation with a divorce lawyer will help you understand the alternatives to a costly, time-consuming and public divorce in a courtroom.

Collaborative Divorce

If you and your spouse are on good terms, a collaborative divorce offers an effective way to end the marriage. It’s designed to reduce the cost and stress of the divorce process. Both parties work with their individual divorce lawyers to resolve issues without the court having to decide for them. In some cases, such as child custody, the parties might work with other professionals in order to work through disputes. The final settlement comes from the decisions made by the two parties and their lawyers. A judge then signs and enters the final settlement into the public record.

Mediation With a Third Party

When you want to stay out of court as much as possible but you and your spouse also have a wide range of disagreements, working with a mediator may be your best option. When you choose this process, a neutral party works to resolve disputed issues. Mediation is common for helping couples make agreeable decisions on spousal and child support, child custody, pet custody and the division of assets.

The mediator doesn’t represent either party. They also don’t make any of the decisions. They simply facilitate communication with the goal of reaching a settlement as quickly as possible. If you choose to use a mediator, you and your spouse will each want to have an attorney. Mediation costs less than having attorneys argue for you in court, and it also gives you more control and privacy over the divorce process.

Arbitration

Using arbitration is another effective option when you and your spouse want to keep your business out of the public courtroom. This process features a private trial in which one or more arbitrators function as a judge. The arbitrators typically have several years of legal experience, and they may be attorneys who do this on a full-time or part-time basis. This type of alternative dispute resolution allows you and your attorney to present your case.

The hearing isn’t as formal as what takes place in a courtroom. Less evidence is required than what a judge would mandate in court. After a hearing, the arbitrator decides on the issues. One or more issues may be discussed at each hearing. The decisions made by an arbitrator can be non-binding or binding.

Using an arbitrator costs more than a mediator or the collaborative process, but it’s less time-consuming and expensive than handling these disputes in court. The downside of using an arbitrator is that you and your spouse lose control over the decision-making process.

Choosing an Alternative to Divorce

Many divorcing spouses start with a collaborative process. If you don’t make any progress on resolving your disagreements, you can then move on to another option, such as a mediator. Working with a mediator doesn’t prevent you from moving on to an arbitrator if the mediator can’t resolve the areas of disagreement.

Some divorcing spouses work their way through all of these court alternatives in order to reduce the cost, stress and publicity surrounding a traditional divorce process. No matter which type of divorce alternative you consider, consulting with an attorney helps you know what to expect and ensures that all documents are in order and filed with the court in a timely manner.

When you’re considering a Pennsylvania divorce, you may benefit from an appointment with attorney Joanne Kleiner. Contact our office in Jenkintown at (215) 886-1266, or fill out our contact form, and an associate will contact you with scheduling options.

Oct 05

Why Divorce Mediation May Be a Better Option for You

Why Divorce Mediation Works for All Parties

As of 2022, the median cost of a divorce in the United States is $7,000. Contested divorces with a wide range of disagreements require court settlements that may cost upwards of $20,000. Instead of dealing with the publicity, expense and long duration of a court battle, you may be able to work out areas of disagreement through divorce mediation. In addition to hiring a divorce lawyer to represent you, working with a divorce mediator helps you protect your long-term financial security and your short-term and long-term well-being.

What Does a Mediator Do?

A mediator acts as a neutral third party in order to manage the discussion and conflict between the estranged spouses. The goal of a mediator is to resolve disputes in a way that satisfies the interest of both partners. When people feel respected and listened to, they’re more likely to compromise and make fair and thoughtful decisions. Mediators would equalize the playing field and power level, even if there were a significant imbalance during the marriage.

How Is a Mediator Different from an Attorney?

A mediator has training and skills in resolving problems and managing conflicts. They help create agreements and use creative problem-solving skills to negotiate terms. A mediator starts by identifying where two parties agree. Then, they progress to determining and isolating the areas of disagreement and resolving them in a step-by-step, logical matter. Finally, the needs of both parties are acknowledged as essential and treated equally between the two parties.

An attorney has to represent their client with vigor. They work in competition with the opposing party in an adversarial environment. Attorneys use legal procedures to resolve points of conflict. Attorneys typically have an assertive problem-solving style, while mediators focus on cooperation.

What Are the Advantages of Choosing Divorce Mediation?

When you choose the process of divorce mediation, the settlement is in your control. When you retain control, you feel more at ease and less stressed. You can focus on settling areas of disagreement instead of negative feelings about your ex-spouse. Because you and your ex-spouse directly work with the mediator to create the settlement, both parties are more likely to uphold it. As a result, mediated divorces are more successful and less likely to end up in court.

A mediator charges less per hour than a divorce lawyer. When you and your estranged spouse have a lot of areas of disagreement, fighting it out in court could get expensive. Working it out with a mediator won’t cost as much, and you’ll be able to start your new life on a better financial foundation. In mediation, you have a cooperative mindset, while litigation creates an aggressive and belligerent attitude.

Working with a mediator keeps your business private. If you don’t want the public to know all of the details of what went wrong in your marriage or who gets what in the settlement process, working with a mediator preserves more of your privacy. Discussions with a mediator are private and confidential.

Working with a mediator reduces their burden if you and your spouse have minor children. They may not experience the anxiety and fear that come with a contested divorce that goes to court. When the two of you aren’t fighting and arguing about everything, you can focus your emotional energy on your child’s well-being and emotional health, as well as yourself. Mediation also shows responsible behavior and models the ability to have calm, productive discussions with a person, even if you don’t like them. Children are less likely to feel like pawns in a divorce when their parents work with a mediator.

If you are thinking about ending your marriage in a less-stressful manner, contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania at (215) 886-1266 to schedule a consultation. You may also fill out our contact form, and an office associate will promptly contact you to set up an appointment.