Law Office of Joanne Kleiner

Collaborative Law

Feb 10

Mediation or Collaboration May Help Divorcing Couples Avoid Court

Divorce can be stressful even for couples who split in the most amicable of circumstances. Court fees can be expensive, and procedures such as service of documents can strain even the most agreeable of separating parties’ relationships. The good news is that divorcing couples who wish to avoid the stress and costs of litigation may choose other options such as mediation or collaboration for marriage dissolution.

What Is Mediation?

Couples who seek mediation basically work out the terms of the divorce themselves using the services of a neutral mediator who’s usually a divorce mediation lawyer. The mediator doesn’t work for either party in the divorce. In fact, mediation can be seen as a process of three parties: the two parties in the divorce and the mediator.

The mediator helps the other two parties work through the issues involved in the divorce agreement, including but not limited to:

  • Child custody
  • Child support
  • Division of property
  • Assignment of debt responsibility
  • Alimony or other financial assistance

Regardless of how agreeable the parties may be at the beginning of the mediation, it’s not unusual for parties to exhibit emotions like anger, sadness, or anxiety that can hinder the process of reaching a mutually acceptable divorce agreement. One or both parties may be argumentative. A mediator can usually intervene and serve as a calming influence to help the parties refocus on the issues at hand.

Using a mediator may be especially helpful when children are involved. It allows for more flexibility in discussions and also provides a greater degree of confidentiality for all involved. While the divorce agreement that’s settled on through mediation is filed with the court, the details associated with the divorce aren’t divulged in a public forum such as a courtroom.

What Is Collaboration?

Collaborative divorce differs from mediation in that the divorcing couple doesn’t directly communicate with each other. Instead, each party is represented by a lawyer through a contractual agreement for collaboration. Through these lawyers, the parties essentially agree that litigation will not be sought and that full disclosure of assets will be provided by each party to the divorce. The collaborative team may also include therapists or counselors as well as neutral professionals who may serve as financial advisers or child advocates.

Collaboration may be a better choice than mediation for couples who are unable to directly communicate with each other without becoming confrontational or argumentative. This may be especially true when the divorce involves children. However, it should be noted that if either party seeks litigation, then the collaborative agreement is rendered null and void.

Collaborating with attorneys and neutral financial professionals may also be advantageous in cases where large property settlements are involved or when the composition of assets may be complicated. For instance, real estate ownership, stocks, bonds, options, and other investments may not be easily divested without professional help to ensure that the interests of all parties are protected equitably.

Other professionals who may be involved in the collaborative process are mental health coaches who help diffuse emotional issues and prevent them from overriding the objective matters that need to be addressed. These professionals are often the same gender as each party that he or she works with in order to help understand and work through the unique aspects of each gender’s perspective. They often help guide the parties in the use of positive and effective communication practices in the process.

Collaboration is usually more expensive than mediation but less expensive than litigation. It’s also usually more confidential than litigation, and children are afforded better protection from the negative fallout that can sometimes arise from emotional outbursts or negative comments in a courtroom.

When a divorce is inevitable, whether uncontested or contested, you may feel unsure as to where to turn in order to protect your rights as well as the interests of your children. When this happens, it’s a good idea to seek the advice of a divorce lawyer who’s familiar in matters of family law, including property settlement, child custody, child support, and a myriad of other concerns. A lawyer can also help guide you in deciding if mediation or collaboration is for you or if pursuing litigation in court will best serve your interests. Turn to Joanne Kleiner & Associates to receive the assistance you need. You can contact our firm by calling (215) 886-1266 or by visiting our office in Jenkintown, PA.

Jul 20

The Benefits of the Collaborative Approach to Divorce

The Benefits of the Collaborative Approach to DivorceA divorce proceeding is commonly perceived and contentious and messy, but it doesn’t necessarily have to be that way. After all, that will likely just end up costing you a lot of time and money. If you’re done, and you want to move on with your life, using the collaborative approach to divorce can speed up the process, cost you less money, and help keep your blood pressure down.

In the collaborative process, you’ll still be represented by legal counsel, but you and your attorney will agree with your ex and his/her counsel (usually in writing) that you’ll work together to resolve all your differences without the intervention of the court. Instead of spending your time and energy taking sides and trying to figure out how you can come away with as much as possible, you’ll be encouraged to work cooperatively with your ex to find mutually beneficial solutions. When dealing with complex or challenging issues, it’s not uncommon for parties in a collaborative proceeding to bring in experts, such as child psychologists, accountants or financial planners, to identify workable solutions.

As a part of the agreement, it’s typical that, should you be unsuccessful in your efforts and require an adversarial proceeding in court to settle any disputes, your collaborative process attorneys will withdraw from your case, so that you will need to hire new counsel for any hearings or proceedings involving the court.

If you are successful in the collaborative process, you’ll work with your ex and with attorneys to prepare and sign an agreement stating all the terms of your settlement. That agreement must typically be reviewed and approved by the court and entered into the record of your divorce.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Feb 01

The Collaborative Divorce Process

Collaborative Divorce

If you know that your marriage is over, but you don’t want a long and nasty divorce proceeding, you may want to consider a relatively new legal process—the collaborative divorce process. Here’s how it works.

In the collaborative divorce process, both parties retain their own legal counsel. However, instead of using the traditional process, where counsel may use any means to further the interest of his or her own client, both the parties and their attorneys agree in advance that all matters will be resolved without the intervention of the court. Accordingly, the parties and their attorneys are encouraged to identify and implement cooperative solutions.

To accomplish this objective, it’s common for the parties to bring in outside experts for guidance. For example, to identify the most appropriate custody and visitation arrangements, the parties may turn to child psychologists or counselors, who may meet with children and parents, assess needs and skills, and make a recommendation. With respect to property distribution, the parties often hire financial planners or consultants to determine how the parties can fairly allocate debts and assets.

If the parties successfully resolve all matters without the intervention of the court, an order is typically drawn up and submitted to the court, to be signed by the judge. However, if the parties run into any insurmountable hurdles and must ask the court for guidance, each party must hire new legal counsel for any further representation.

The collaborative process offers a number of potential benefits. Because it avoids a lot of the typical pre-trial discovery, it can be less expensive and can be resolved more quickly than through the traditional divorce process. In addition, if the parties successfully complete the collaborative process, it can have significant benefits when dealing with any minor children.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Aug 26

Collaborative Divorce vs. Conventional Divorce

Couple separated on couchIf your marriage has ended, you need to take legal action to protect your interests. You will want legally enforceable agreements regarding child custody and visitation, child support, alimony or spousal support and the division of marital debts and assets. For some people, the best way to resolve differences is through the conventional divorce process. If, however, you believe that you can work cooperatively with your ex to find solutions to your disputes, you may want to consider the collaborative approach to divorce.

In the conventional divorce process, one of the parties must file a complaint, and both parties typically retain their own counsel. Attorneys for the parties may seek to negotiate settlements to differences, but will also turn to the court, in an adversarial proceeding, to get the best results for their respective clients.

The process can be a long one, depending on the complexity of the situation. It is not unusual to have a period of time devoted exclusively to “discovery,” where the parties seek to gather as much evidence as possible to support their claims. This period can take months. Once discovery is complete, the parties will prepare for trial, if necessary. This may involve motion hearings to determine the admissibility of evidence, as well as other proceedings. In the trial, either or both parties may be called to testify, and other witnesses may appear. Though divorce trials are typically not that long, they are adversarial processes and will heighten stress, anxiety, and hard feelings.

In the collaborative process, on the other hand, the parties, though they each have their own counsel, agree to resolve all their differences without the intervention of the court. To this end, the parties and their attorney seek mutually beneficial solutions, often hiring experts (such as financial planners and child psychologists) to identify solutions. There is generally little to no discovery, and no hearings or proceedings scheduled in court. If the parties cannot resolve their differences without the assistance of the court, though, they must both hire new counsel to represent them in any adversarial proceeding.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Aug 12

Collaborative Divorce vs. Mediation

Comparing and Contrasting Mediation and Collaborative Divorce

Man toying with wedding ringIf your marriage isn’t working, but you don’t want to go through the bitterness and recriminations that often accompany the traditional divorce process, there are options, including mediation and the collaborative approach to divorce, that will allow you to resolve your difference in a more amicable fashion. You may have heard about these processes, but be unfamiliar with the differences between them. Here’s a comparison of mediation and collaborative divorce.

In mediation, a neutral third party (the mediator) is brought in to facilitate resolution of all disagreements. The mediator does not represent either party and has no vested interest in a particular outcome. As a general rule, the mediator does not weigh evidence, take testimony from witnesses or render any opinion. In some states, the parties may be represented by attorneys, and in other states, attorneys are generally involved only in an advisory role. The parties to mediation can typically reject any proposal or counteroffer from the other party, and typically put all agreements in writing. Mediation is usually less expensive than the traditional divorce process, and can be completed within a fairly short period of time.

In the collaborative process, the parties retain their own legal counsel, but work amongst themselves to find solutions, agreeing to resolve their differences without the intervention of the court. Whereas mediation involves a scheduled proceeding, where parties state their positions and try to come to a resolution, the collaborative process can take place over a period of weeks or months. Often, the parties will engage experts to help resolve issues such as child custody or the division of marital property. If the parties must turn to the court to resolve a dispute, they are usually required to terminate their existing attorney-client relationship and hire new counsel.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.