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Sep 09, 2023

What to look for in a divorce mediator

How to Choose a Divorce Mediator

If you and your spouse have chosen to use the mediation process for your divorce, you will want to take time to research and choose a mediator. Because all mediators are different, you should be ready to ask questions and review their backgrounds to decide if you are both on the same page when it comes to divorce goals.

Research the Mediator’s Background

Choosing a mediator for your divorce might be one of the most important decisions that you and your spouse make as the mediator will be guiding you through the process, providing legal information, and encouraging you and your spouse to reach agreements on the various issues. During mediation, you and your spouse can each also work with your own divorce lawyer as part of your divorce team. Part of the preparation in choosing a divorce mediator should be research into their background. There are several things to look for, including:

  • How much they focus on divorce mediation in their practice
  • Their professional preparation, including certifications and ongoing studies
  • Their former clients’ perceptions of their work
  • Their involvement in professional organizations related to mediation

Get to Know Your Mediator

You can schedule a consultation to meet the mediator. During this meeting, you and your spouse should ask questions that will allow you to judge how they might fit with your divorce goals. This initial consultation is a good way to decide if you are both comfortable with the mediator and if you feel that you will be able to trust their guidance and advice. You can evaluate how empathetic the mediator is and whether you believe that they will be truly neutral during the process.

During this consultation, you can also talk about the mediator’s background since they will be offering you advice during the process. Finally, as part of the consultation, you should also discuss the services offered by the mediator and the costs involved.

Understanding the Mediator’s Role in Your Divorce

As part of your initial meeting with the mediator, you should discuss the process of mediation and the role of the mediator. Understanding this is important so that you and your spouse can successfully reach a divorce agreement on the issues, even if you each also retain a divorce lawyer during the process. Some of the other important aspects of mediation that you might want to ask about include:

  • The length of mediation, which can take several sessions
  • The impartial role of the mediator, who will not take sides during the negotiations and instead will guide you both to communicate and negotiate
  • The preparation each spouse must do before the mediation starts, such as outlining their case and goals and gathering important documents

Mediation might help you reach an agreement on all your divorce issues. However, there are times when that is not possible. In those cases, you might draft an agreement that outlines only the issues that were resolved and then choose how to proceed with the remaining issues, either by settling them later or by going to court.

How Much Does Mediation Cost?

The costs of mediation can vary and will depend on the way that each mediator chooses to charge for their services. If a mediator charges by the hour, then the total cost will depend on how many sessions you and your spouse need to solve your issues and how long those sessions are.

Other mediators might charge a flat fee for all their services so that you can have more control over the costs from the beginning of the process. Either way, mediation is often a more economical way to resolve your divorce issues than a court battle, particularly as you usually spend less time reaching agreements on the issues.

If you are ready to resolve your divorce issues in a less contentious way, you can schedule an appointment with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania. We have over 35 years of experience helping our clients reach divorce agreements that allow them to move forward with their lives. You can call 215-886-1266 to set up a meeting.

Sep 05, 2023

Negotiating a fair divorce settlement outside of court

Strategies for Achieving a Fair Divorce Settlement Outside of Court

The most well-known path to a divorce is through a lengthy set of court proceedings. However, this is not the only option. For many couples, it’s possible to achieve a favorable divorce outcome without the court’s intervention. This could save both parties a substantial amount of time, money, and stress while allowing for more creative and practical solutions.

Know Your Rights

Before you begin the divorce process, you should be aware that you and your spouse have the right to negotiate a fair settlement on your own. You can choose to draw up a mutually beneficial agreement without having the court decide on the terms of your divorce. The court is only required to review and finalize your divorce agreement.

Common elements of a divorce settlement include the division of assets, child support and custody agreements, and alimony. To pursue a divorce outside of court, you and your spouse must be willing to discuss all of these issues and come up with an arrangement that considers the best interests of all involved, including your children. You’ll then implement the terms in a written agreement before submitting it to the court for the judge’s final approval.

Consider Professional Assistance

If you and your spouse are particularly amicable, you may be able to draft a settlement agreement without the help of any outside parties. However, pursuing a no-court divorce doesn’t necessarily mean that you should forgo legal assistance. It is recommended that, at the very least, you each have separate counsel review your agreement to ensure that it is fair and legally binding.

You may also choose to have both parties be represented by your own divorce lawyers throughout the negotiation process, which can help ensure that each party’s interests are protected. Even if it saves time and money and you have a good working relationship with a lawyer who has helped your family in the past, you and your spouse cannot share a lawyer, however.

It may also help to enlist the assistance of a financial advisor who can help you divide assets fairly and come up with creative and equitable solutions. This professional could help you decide whether to sell property, stocks, and other assets.

In addition to legal assistance, couples may also benefit from mediation services. A neutral third-party mediator can help facilitate conversations and ensure that both parties are heard and respected during the negotiation process. This could be an appropriate option if you and your spouse have difficulty communicating or need help finding common ground.

Communicate Effectively

Once you’ve decided to pursue divorce outside of court, you must be willing to engage in active and respectful communication with your spouse. This means setting aside any animosity or hurt feelings and focusing on understanding each other’s needs, wants, and concerns.

During this process, compromise is key. It’s unlikely that you and your spouse will agree on every point in the settlement agreement, so both parties should be willing to make some concessions in order to reach an agreement that works for both of you. Know where you’re willing to be flexible and use effective negotiation techniques, like brainstorming creative solutions or making counteroffers. Be prepared to meet in the middle and accept compromises that you may not necessarily love but can live with.

Negotiating a fair divorce settlement outside of court is a viable option for many couples. It takes some extra care, attention, and patience, but it can be the best path forward. However, a no-court divorce isn’t for everyone, and it’s a good idea to consult with a divorce lawyer before you decide to go down this route.

If you’re considering a divorce in Jenkintown, Pennsylvania, and the surrounding area, the Law Office of Joanne Kleiner can guide you through your options and provide legal advice tailored to your unique situation. Contact us today at 215-886-1266 to schedule a consultation.

Aug 20, 2023

Better Divorces Using the Amicable Divorce Process

NOTE:  This is a partial transcript of an interview by family law attorneys Joanne Kleiner and Kathy Bloom of Tracy Ann Moore-Grant from the Amicable Divorce Network. 

Tracy Ann: Joanne Kleiner and Kathy Bloom are the amicable divorce ambassadors for the Amicable Divorce Network in the Philadelphia area and what that means is that they have stepped up into a leadership role to help us build the network in the Philadelphia area to really help people divorce better.

Joanne Kleiner and Kathy Bloom interviewed Tracy Ann Moore-Grant, Founder of the Amicable Divorce Network.  They had several questions starting with Joanne Kleiner’s first question:

Joanne Kleiner: How did you first conceive the idea for Amicable Divorce Network?

Tracy Ann: So I actually have been a family law attorney in Georgia since 2002 and so for a really long time I’m also a mediator an arbitrator a guardian ad litem and a parent coordinator and like many family law professionals, I got really burned out and found the job to just be just really dragging me down and around 2018, I actually took a step back from my law firm and started teaching constitutional law at a local college and was really just trying to figure out how I could continue to be a family law attorney with you know all the all the negativity of the job and I really thought a lot about what was bothering me about family law, and it wasn’t the clients.   I expected clients to be upset and to be in crisis and to be helpful to them during this time it was really the opposing councils and the other professionals in the cases that I found to be really causing a lot of conflict for financial gain and so I thought a lot about how I could solve that and so I thought the best way was to have a private organization where we vetted people for the things that are really important to the public and to preserve the Integrity of the family law process and that was to have experienced professionals who are also vetted for being resolution focused and engaging in fair billing practices where they’re not churning on clients for financial gain.”

Kathy Bloom: So when you could you just go over a little bit how it works you know we get so let’s say Joanne and I both have clients who want to do an amicable divorce why don’t you tell us how it works?

Tracy Ann: Okay.  So, a client comes to you, and they really like amicable divorce and that’s how they want to get divorced.  The two attorneys in the case design the process for the parties as well as the timeline so we’ve had clients all across the board they say oh we’re selling this house and we need to get divorced as soon as possible or they really need to take it very slowly for whatever reason so the two attorneys can talk about their different clients’ needs and can say we’re going to attend a mediation in 60 days or maybe we need more time maybe we need you know a few months to get our ducks in a row and so they would also see who’s needed for the team and it can be very creative.  Perhaps you have a special needs child who needs a vocational assessment or special needs trust set up.  Perhaps the parties have a small business, and you need a business valuator or perhaps you need a psychological professional to help the children or one of the parties.  So, whatever the problem is, or the needs of the family are, hopefully we have a member of the network who can jump in and help this family through this time and be a part of the team so when parties um agree to divorce amicably they agree to maintain the status flow so you know abide by certain rules and then they um are on our technology platform where they can upload their assets and debts do marital balance sheets and things of that nature to get organized.

Kathy Bloom: So, it sounds like it’s a pretty flexible process according to the needs of the individual family yeah it is because every family is different you know the court system treats every family the same you know you have to respond by this date you have to do these things and that just doesn’t work for every family. With amicable divorce, you can design it for what that family needs and what they can afford.

So weren’t you concerned about your bottom line if you stopped doing any litigation going to court?

Tracy Anne: Of course. I think you know all attorneys think how will I pay the bills when you’re in a small business you know you think about that all the time but what I have found is by really promoting myself as doing low conflict, non-litigation divorce, this is my entire practice now I have not stepped inside a courtroom as an attorney since 2018.  When COVID came around, it really didn’t impact me at all.  My practice was completely shifted and I do mostly flat fee work which a lot of family law attorneys find mind-blowing but when you can really know what that process is and there’s no wild cards.  You know you really can really change your practice and your approach because you’re working with really great professionals who all have the same mindset that you do.

Kathy Bloom: One of the questions that we’ve been asked is, say someone comes to us and we want to do an amicable divorce they want to do an amicable divorce how, do we get them to the other person do you do that?

Tracy Anne: I reach out to the other party directly I send them a very nice letter that is not like the normal letter you would get from a divorce attorney.  This letter is like I’ve been hired for an amicable divorce your spouse desires a really child focused efficient low conflict process we think you value the same thing we send them an informational booklet about amicable divorce and also a list of professionals in the area they can also find professionals on our website at amicable divorcenetwork.com. 

I try to make it as easy for them as possible and just say here’s the list.  Sending that letter actually has a very high success rate across the network we’ve seen that to have about an 80 percent success rate that the other person agrees to an amicable divorce.  Even if they get really upset initially that they’re getting a divorce, or they’re surprised by that generally, they come around and decide if I am going to get divorced this sounds like a great process to go through and they agree to it.

Kathy Bloom: So what do clients tell you about their experience with amicable divorce are they satisfied with it to all your cases settle how does that work?”

Tracy Ann: I think something that’s really interesting for you know people to point out is most people get divorced once, so I think some and a divorce is always terrible so it’s really hard for people to gauge this was a good divorce because they’ve never had a different divorce to compare it to so I think for a lot of people they don’t understand sort of how good they had it so that’s usually the professionals that are trying to explain to them you know if we’d gone through the court process, you would have spent sixty thousand dollars and all these different we’d still be in litigation and you know things like that. 

It’s hard I think for people going through a divorce to really understand, but I’ve we’ve just gotten so many “thank yous”.  You know people really appreciate that we have their best interests at heart their children’s best interest at heart you know that their process you know if they hear about something from their friends, people are sometimes really proud to say they had an amicable divorce and you know that that’s how they handle things,  We do have a lot of fans which is weird to say, you know, but I think people will appreciate it,  but I think it’s more the professionals who understand how different their experience is now. 

[Please Listen to the Entire Video]

Aug 09, 2023

What is the difference between Divorce Mediation and Divorce Arbitration?

Exploring Alternative Dispute Resolution Methods

Divorce can become a costly and time-consuming process. However, couples do have other options they can choose. These alternative dispute resolution methods can result in less costly, quicker, and often more amicable divorces.

What Is Alternative Dispute Resolution?

The traditional way to resolve divorce issues is to go to court and let a judge decide. However, this means that the costs of divorce can keep growing as you continue fighting in court. It also puts control of the resolutions of the issues on the judge. Alternative dispute resolution methods offer divorcing spouses a way to keep more control over the process and the final divorce agreement. Negotiations are done outside of the court, and the resolution reached can then become a legally binding document that is presented to the court for final approval. It encourages collaboration between spouses for the benefit of both parties. Mediation and arbitration, while similar, are two different methods of alternative dispute resolution.

Understanding Mediation and Its Benefits

Divorce mediation involves the couple working with a mediator, who is a neutral third party, to figure out resolutions to their issues. Both spouses can also work with their own divorce lawyer for guidance and legal support during the mediation process. The process itself can take from one session of a few hours to several sessions over months. In many states, mediation is required by the court. The mediator is prepared to encourage and guide the spouses to reach an agreement on their issues. However, the mediator does not make the final decision. Once the couple reaches an agreement, they draft a legal document to present to the court. If there are issues that cannot be resolved, then litigation or further negotiations will be necessary.

Mediation offers couples many benefits. Some of these include:

  • Encouraging couples to collaborate on solutions to their issues
  • Each person having their voice heard
  • Space for creative and flexible solutions to the divorce issues
  • Shorter time to resolve the divorce issues
  • Lesser costs for the overall divorce

Understanding Arbitration and Its Benefits

Divorce arbitration also takes the negotiation of divorce issues outside the court. Like mediation, arbitration involves the couple working with a neutral, trained arbitrator. Each spouse can also work with their own divorce lawyer during the process. However, arbitration is somewhat different than mediation as each spouse must prepare and present their case to the arbitrator, who listens and asks questions. The arbitrator then decides on the divorce issues, and their decision is generally binding and is focused on a fair resolution of the divorce issues based on the evidence and case presented by each spouse. In that sense, it is also similar to court proceedings as well as to mediation.

Arbitration provides several benefits. These include a:

  • More streamlined process as the arbitrator makes the final decision on the issues
  • Less time-consuming divorce process
  • Cost-effective alternative to a court-divorce

The Differences Between the Two Methods

While both mediation and arbitration are alternative paths to the traditional court-divorce, they are not the same. Mediation puts total control of the resolution of the issues on the couple, while arbitration leaves the binding agreement to the arbitrator. In that sense, arbitration is more formal than mediation. It is also somewhat more costly than mediation, though both methods are generally quicker and less costly than a court battle. Mediation requires more work and commitment from the spouses to reach an ideal resolution, but arbitration might lead to disagreements over the fairness of the binding decision, particularly if one spouse feels that their case was not completely heard by the arbitrator.

Choosing between mediation and arbitration will depend on a variety of things, including the ability of you and your spouse to sit down and discuss the issues rationally. You can also benefit from the support of a lawyer who can explain the methods to you, prepare you for the process, and guide you through the negotiation. Call the Law Office of Joanne Kleiner in Jenkintown at 215-886-1266 to set up a consultation for your case and take the first step towards resolving your divorce issues and moving on with your life.

Aug 05, 2023

Divorce Mediation Frequently Asked Questions

Divorce Mediation in Pennsylvania: FAQs

While you might think that getting divorced will mean a bitter, protracted court battle, your likelihood of having to take your case to trial is small. An estimated 95% of divorce cases are settled outside of court through negotiations or alternative dispute resolution procedures such as mediation. Here are some frequently asked questions about divorce mediation to pose to an experienced Pennsylvania divorce lawyer.

1. What Is Divorce Mediation?

Divorce mediation is an alternative dispute resolution process that occurs outside of court. If you attend mediation, you and your spouse will each meet with a mediator. The mediator is a trained, neutral party who is skilled in helping people in conflict resolve their issues and reach an agreement.

2. What Happens if You Reach a Mediated Agreement?

If you reach an agreement in mediation, it will be memorialized in a legal document that you and your spouse can review and submit to the court. If you reach a full settlement agreement, its terms will be incorporated by the court as the orders included in your divorce decree. If you reach a partial agreement, those issues can be settled, and you can continue to negotiate or litigate the remaining issues.

3. What Happens if You Don’t Reach an Agreement in Mediation?

If you and your spouse can’t reach an agreement through divorce mediation, your case will proceed to trial. At a divorce trial, both of you can call witnesses and present evidence, and the judge will make a final decision for you.

4. What Types of Issues Can Be Addressed in Divorce Mediation?

In divorce mediation, you can try to reach an agreement on all of the outstanding issues in your case, including the following:

  • Child custody and parenting time
  • Property division
  • Responsibility for debts
  • What to do with the marital home
  • Spousal support
  • How pensions, IRAs, 401(k)s, and other accounts will be divided

5. Is Mediation Required in Pennsylvania Divorce Cases?

Attending divorce mediation is a voluntary decision agreed to by both spouses to try to reach a negotiated settlement agreement. If your spouse doesn’t agree to try mediation, you might try pointing out how expensive the alternative could be for both of you. Litigating a divorce to trial could take months or even years, and litigation costs can quickly add up.

6. What Are the Advantages of Divorce Mediation vs. Trial?

Mediation offers the following advantages compared to going to a divorce trial:

  • Faster way to get divorced
  • Much less costly than litigating a case through trial
  • Might be happier with the outcome than letting a judge make the decisions
  • Reduces conflict
  • More flexible than litigation

If you can reach an agreement in mediation, it can greatly shorten the time it takes to get divorced. In some cases, couples choose to attend mediation before filing for divorce and then pursue an uncontested case. Depending on the court’s schedule, an uncontested divorce could take from three to six months.

7. When is Mediation Inappropriate?

While mediation is a good choice for many divorcing couples, there are some situations in which going to mediation might not be in your interest. Mediation might not be the best way to resolve your divorce in the following situations:

  • Your spouse is hiding assets.
  • You are the victim of domestic violence.
  • Your spouse has serious drug abuse issues that endanger your children.
  • There is a significant power imbalance between your spouse and you.

If any of these situations apply to your case, it might be best to litigate your case through trial with the help of a dedicated divorce attorney.

Consult a Divorce Lawyer

If you are interested in divorce mediation as a possible way to resolve your case, you should reach out to an experienced Pennsylvania divorce lawyer in Jenkintown at the Law Office of Joanne Kleiner. Schedule a confidential consultation by calling 215-886-1266 or filling out our online contact form.