Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Archives for January 2024

Jan 09, 2024

Resolving Your Divorce Through Arbitration

Using Arbitration To Resolve Your Divorce Issues

Many divorces in Pennsylvania involve complex issues that need to be resolved. However, going to court to do so can become public, time-consuming and expensive, with costs ranging from $15,000 to over $100,000. However, choosing arbitration can help you with time, expenses and privacy.

What Is Arbitration?

Arbitration is an alternative method in which the spouses, each represented by their divorce lawyer, present their case to an arbitrator who decides on the divorce issues. Whether that decision is binding or not will depend on the agreement signed by the spouses before the process begins.

Understanding the Arbitration Process

The arbitration process follows specific steps. First, with your divorce lawyer’s guidance, you and your spouse hire an arbitrator to oversee your case. You both then sign an arbitration agreement that states whether you want the arbitrator’s judgment to be binding; that is, that you are not allowed to appeal it or that either one of you can appeal the judgment if you do not agree. This agreement will also include any established rules for the process and the date by which you need the arbitrator to issue its decision. The process then works like a trial, with each side presenting their case, including opening and closing statements. However, since the process does not happen in a courtroom, you do not have to wait for an open date. Instead, an arbitration process might be over in a few weeks. Once both parties present their case, the arbitrator will issue a decision or award. Depending on the arbitration agreement, the parties will either abide by the decision or appeal it.

Finding Your Arbitrator

Your lawyer can help you find your arbitrator for this process. Usually, however, divorce arbitrators are retired judges or lawyers with experience and knowledge about family law, state regulations regarding arbitration and divorce and whom you believe will be impartial and neutral. You should feel comfortable with your arbitrator, finding someone who can communicate openly and easily. Finally, the arbitrator should also be available to work during your timeframe.

Preparing for Arbitration

You and your divorce team should prepare for the arbitration process similarly to the way you would prepare for a court case. You should gather evidence to support your position and then this evidence will be presented to the arbitrator. You should also create a list of witnesses who can further support your position and will be called to answer questions during the arbitration sessions. As part of this process, you might resolve issues such as:

  • Division of assets and debts
  • Child custody and support
  • Alimony

Benefits of Arbitration

Arbitration has grown in popularity as spouses seek ways to resolve their divorce issues outside of the courtroom. Some of the benefits that arbitration provides include:

  • Efficiency and shorter wait time as you do not need to depend on the court schedule to present and resolve your case
  • Cost-effectiveness, as the shorter wait time for resolution also can translate into lower divorce costs
  • Privacy and discretion, as the information on your divorce is not shared in the public forum of the court
  • Amicable resolution to the dissolution of the marriage

Drawbacks of Arbitration

While arbitration can benefit couples, it also has some drawbacks. If you signed a binding agreement, for example, you might not be able to appeal the arbitrator’s decision. On the other hand, you might end up in court anyway if your agreement allows for appeals and either you or your spouse do not agree with the decision, adding to the time and cost of the divorce.

If you want to resolve your divorce issues outside the courtroom and want to learn more about the arbitration process, you can call us at 215-886-1266 to schedule a consultation with Joanne Kleiner at our Jenkintown office. You can also reach out to us through our contact form.

Jan 05, 2024

Mediating a Pennsylvania Alimony Dispute

How Mediation Can Help With Alimony

In 2021, nearly 700,000 divorces occurred throughout the United States. With any divorce, couples have to make a lot of important decisions. Mediation is one way to help alleviate some of the complications of these processes, especially when it comes to alimony.

What Factors Help to Determine Alimony?

Alimony is also known as spousal support. Some common factors that are considered for determining alimony include:

  • The income and earning capacity of each spouse
  • The length of the marriage
  • The standard of living enjoyed by both spouses during the marriage
  • The financial contributions and sacrifices made by each spouse
  • The age and health of each spouse
  • Each spouse’s educational and employment background
  • The distribution of marital assets and liabilities
  • Custody arrangements

While these cases can go through the traditional court system, some couples have opted for mediation instead.

Using Mediation as an Advantage

When determining alimony, the traditional approach has been to go through the courts. However, this process can create and encourage adversarial interactions, even in a previously amicable relationship. In turn, that can increase the stress and tension involved in the divorce.

A more personalized and compassionate approach to divorce is mediation. Couples work with a neutral third party to navigate complex issues, including alimony. The mediator helps the couple reach a mutually beneficial agreement that considers both parties’ needs and concerns.

Along with that, mediation can be a more effective and less costly way to handle a divorce. This process allows couples more control over the outcome and can lead to a mutually beneficial resolution.

How Does Mediation Work?

Mediation is a structured and voluntary process that involves a neutral and trained third party. It encourages communication and negotiation between spouses in conflict. However, both spouses must agree voluntarily to participate in the mediation process.

The spouses can choose a mediator together, or a court may appoint one. The mediator should be neutral, impartial, and possess the skills to settle the dispute.

Once the spouses have settled on a mediator, that person will conduct an introductory session. During this time, they will explain the mediation process and its goals and establish ground rules.

As the mediation progresses, direct negotiation occurs between the spouses, with help from the mediator. The mediator can assist with reaching an alimony arrangement that works for everyone.

Once the terms are settled, the mediator helps draft a written agreement outlining specifics of the agreement, such as:

  • Duration
  • Amount
  • Additional relevant provisions

Before finalization, both parties thoroughly review the written alimony agreement to check for accuracy. Any revisions can be made at this time. After the document is signed and approved by the judge, it is a legally binding agreement.

The mediator may also offer guidance on enforcing the alimony agreement and procedures for addressing potential future modifications.

Finding the Right Meditator

You can begin the process by researching mediators specializing in family law and alimony settlements. Some couples choose to hire a divorce lawyer who focuses on collaborative law.

Once you have found someone, verify their certifications, training, and memberships in professional organizations. Like any professional hire, schedule an initial consultation or interview with potential mediators to discuss your case. During this time, you can see if they are familiar with alimony-related issues.

You may also ask about the mediator’s processes, especially how they handle alimony discussions. They should focus on a collaborative and constructive approach to finding a resolution.

Ask the mediator for references from previous clients who have dealt specifically with alimony settlements. You can contact these references to gain insights into their experience and satisfaction with the mediator’s services.

Along with that, you want to assess the mediator’s communication skills since that is important in promoting productive discussions. A skilled mediator can navigate emotional conversations and maintain a balanced dialogue.

Find a Mediator for Your Divorce

Settling alimony is one of many challenges in a divorce. If you want to find a Pennsylvania divorce lawyer who understands the mediation process, contact the Law Office of Joanne Kleiner. Call 215-886-1266 for a consultation about your case.