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Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

divorce mediation

Oct 30, 2024

Tips to Keep Divorce Mediation Civil

Although Joanne Kleiner, Esq. will guide you through the process as your mediation divorce lawyer, here are some following suggestions and tips during the divorce mediation process. Divorce can be one of life’s most challenging experiences. When emotions run high, it’s easy for productive conversations to take a back seat. This is where divorce mediation can make a difference, offering a less confrontational path to reach a fair resolution. In divorce mediation, couples work with a neutral third party to communicate and negotiate key issues. However, maintaining respectful communication in mediation is essential to achieving a productive outcome. Here are practical tips to help you keep mediation civil and focused, ensuring a smoother, more effective process for everyone involved.

1. Set Clear Goals for the Mediation Process

Start by defining your goals for mediation. What are the main issues you hope to resolve? Consider aspects like child custody, division of assets, and spousal support. Knowing your priorities can help you approach each session with clarity and purpose. This also allows you to stay focused on achieving a fair outcome rather than getting sidetracked by past grievances. At the Law Office of Joanne E. Kleiner, we encourage clients to think carefully about their objectives before entering mediation, so they can remain grounded and goal-oriented throughout the process.

2. Keep Emotions in Check During Sessions

Divorce is emotional, and it’s natural to feel anger, sadness, or frustration. But when it comes to mediation, these emotions can interfere with productive communication. It’s crucial to recognize your feelings and manage them during sessions. Techniques like deep breathing, mindful listening, and maintaining a calm demeanor can help. Remember, mediation is about finding solutions, not revisiting old arguments. Try to separate your feelings about the relationship from your goals for the mediation outcome.

3. Focus on Solutions, Not Blame

One of the most effective ways to keep mediation civil is to focus on solutions rather than assigning blame. Avoid language that points fingers or criticizes. Instead of saying, “You never supported me,” try rephrasing to express your needs: “I need to ensure financial stability moving forward.” Focusing on solutions helps move the conversation in a constructive direction. Joanne E. Kleiner, with over 35 years of family law experience, notes that mediation works best when each party focuses on practical solutions instead of past conflicts.

4. Practice Active Listening

Active listening is a vital communication skill in mediation. When your ex-spouse speaks, listen carefully without interrupting. Paraphrase their statements to show you understand their perspective. For example, if they express concerns about child visitation schedules, you might respond with, “I hear that you’re concerned about time with our children.” This approach shows respect and keeps the conversation respectful. Studies indicate that active listening can significantly improve communication outcomes in high-stress situations, making it an essential tool in mediation.

5. Use “I” Statements to Express Your Needs

Using “I” statements can reduce the perception of blame and help keep conversations civil. For example, instead of saying, “You never help with finances,” try, “I feel concerned about financial stability.” “I” statements allow you to communicate your feelings and needs without making the other person feel attacked. This approach encourages open dialogue and keeps discussions more productive.

6. Prepare for Each Session with Your Attorney

Preparation can make a significant difference in the effectiveness of mediation. Meet with your attorney before each session to discuss goals, challenges, and strategies. The Law Office of Joanne E. Kleiner helps clients prepare by outlining negotiation tactics, clarifying non-negotiables, and identifying potential bargaining chips. Preparation helps you approach each session with confidence, clarity, and a plan to communicate effectively.

7. Take Breaks if Needed

Mediation can be intense, especially when discussing sensitive topics like custody or finances. If tensions start to rise, don’t hesitate to ask for a break. Short breaks allow you to regain your composure and approach the discussion with a clear mind. Taking breaks is a common practice in mediation and can prevent conversations from becoming too heated.

8. Set Boundaries and Respect Each Other’s Time

Setting boundaries can help maintain a respectful environment in mediation. This includes respecting each other’s time and avoiding excessive venting during sessions. Stick to the topics relevant to your goals and save any emotional processing for discussions outside of mediation. Respecting each other’s boundaries helps keep conversations on track and productive.

9. Trust the Mediation Process

Mediation is designed to help both parties find a fair resolution. Trusting the process, and the mediator’s guidance, can help you remain patient and open-minded. The mediator’s role is to facilitate constructive dialogue, not to take sides. At the Law Office of Joanne E. Kleiner, we emphasize the importance of trusting in the process and staying focused on the end goal—a resolution that both parties can live with.

10. Focus on the Big Picture

It’s easy to get caught up in details or disagreements. But in mediation, it’s important to focus on the big picture—your future and the well-being of any children involved. Ask yourself if each discussion point brings you closer to a resolution. Remembering the broader goal can help you maintain a positive, solution-focused mindset throughout the process.

11. Be Willing to Compromise

Compromise is key in mediation. While it’s natural to have preferences, maintaining flexibility helps both parties feel heard and respected. According to studies, couples who enter mediation with a willingness to compromise reach settlements more quickly and with less emotional strain. If an issue is particularly important to your ex-spouse, consider finding common ground that balances both parties’ needs.

12. Keep Communication Respectful After Mediation Ends

Mediation often extends beyond the final session, especially when children are involved. Building respectful communication practices during mediation can help foster positive interactions after the process ends. The skills you develop in mediation—active listening, compromise, and emotional management—can improve long-term co-parenting and reduce conflicts down the road.

How the Law Office of Joanne E. Kleiner Can Help

Effective communication is the cornerstone of a successful mediation. At the Law Office of Joanne E. Kleiner, we provide clients with the tools and support they need to communicate productively and reach fair solutions. With over 35 years of family law experience, we understand the challenges of divorce and mediation, and we’re committed to helping clients navigate these processes with confidence and clarity.

Whether you’re considering mediation or preparing to work with another mediator, we’re here to provide guidance every step of the way. We’ll help you define your goals, prepare for discussions, and stay focused on achieving a resolution that aligns with your best interests. Our approach to family law is personalized, compassionate, and results-oriented, ensuring that you receive the highest level of support.

Contact Our Office Today

If you’re ready to explore mediation or have questions about your options, contact the Law Office of Joanne E. Kleiner. Schedule a private consultation by calling us at 215-886-1266 or reach out online. The choices you make today will shape your future. Let us help you make informed, confident decisions that protect your interests and support your journey forward.

Sep 30, 2024

Navigating Child Custody and Parenting Plans Through Mediation

Divorce is never easy, and when children are involved, it can be especially heart-wrenching. The thought of deciding how to share time with your kids, determining who makes important decisions, and figuring out how to co-parent effectively can seem overwhelming. However, child custody mediation offers an alternative to the stress of courtroom battles. By focusing on collaboration rather than confrontation, mediation helps parents create customized parenting plans that serve the best interests of their children.

At the Law Office of Joanne E. Kleiner, we have helped many families navigate the complexities of child custody through mediation. Whether you are seeking to establish a fair custody arrangement or need help with modifying an existing plan, understanding how mediation works in this context can make the process smoother and less stressful for everyone involved.

What Is Child Custody Mediation?

Mediation is a process where both parents, guided by a neutral mediator, work together to create a parenting plan that works for their family. The mediator doesn’t make decisions for you, but instead helps both parties communicate and find common ground. This approach is especially beneficial in child custody disputes because it puts the focus on cooperation rather than conflict.

Parents who opt for mediation can customize their parenting plans in ways that might not be possible in court. Judges are limited by legal standards and time constraints, but mediation allows for creative solutions tailored to each family’s unique needs. Whether it’s finding a flexible visitation schedule or agreeing on how to handle important decisions about education, health care, and extracurricular activities, mediation encourages parents to collaborate on long-term solutions that benefit their children.

Why Mediation Works for Child Custody

  1. Focus on the Children’s Well-being
    In a courtroom setting, disputes over custody can become combative, leading to decisions that may not reflect what’s best for the children. Mediation, by contrast, keeps the focus on the children’s needs. Parents are encouraged to prioritize their children’s emotional, physical, and educational well-being over personal grievances. This shift in focus can result in more positive outcomes for the entire family.
  2. A Less Stressful Environment
    Courtrooms are inherently adversarial, often exacerbating the tension between parents. Mediation offers a more relaxed and collaborative setting, making it easier for both parties to work together. Without the pressure of a judge making the final decision, parents have more control over the outcome. This reduces stress and allows for more thoughtful, respectful discussions.
  3. Customizable Solutions
    One of the most significant benefits of mediation is the ability to tailor a parenting plan to fit your specific situation. This flexibility means you can create a visitation schedule that works for your children’s school and extracurricular activities or agree on unique holiday schedules that respect both parents’ traditions.
  4. Encouraging Co-Parenting
    Successful co-parenting requires ongoing collaboration. Mediation sets the tone for this by fostering open communication and problem-solving between parents. Even after the divorce is finalized, parents who mediate are often better equipped to work together and resolve future conflicts without needing to return to court.

How the Law Office of Joanne E. Kleiner Can Help

At the Law Office of Joanne E. Kleiner, we help parents navigate child custody mediation with compassion and expertise. Whether you need us to serve as mediators or simply advise you through the process, we are committed to protecting your rights while ensuring the best interests of your children are prioritized.

Our attorneys will work with you to prepare for mediation, helping you define your goals, clarify non-negotiable points, and ensure that you have a clear understanding of what to expect. We believe that mediation provides an excellent opportunity to shape your family’s future in a positive way, allowing you and your co-parent to work together for your children’s benefit.

If you are facing a child custody dispute or wish to modify an existing parenting plan, contact the Law Office of Joanne E. Kleiner today to schedule a private consultation. Let us help you achieve a peaceful resolution that benefits your family.

Sep 13, 2024

Debunking Common Myths About Divorce Mediation

Divorce is often portrayed as a bitter, drawn-out process that can only be settled through litigation. While this is sometimes true, many couples find that divorce mediation offers a more peaceful and productive path forward. Unfortunately, a lot of misinformation surrounds the mediation process, leading to confusion about its benefits and limitations.

At the Law Office of Joanne E. Kleiner, we specialize in family law mediation and have over 35 years of experience helping clients resolve their disputes amicably. In this blog, we’ll address some of the most common myths about divorce mediation to help you better understand what to expect from the process.

Myth 1: Mediation Only Works if Both Parties Agree on Everything

Many people believe that mediation is only for couples who are already on the same page about key issues like property division, child custody, and support. However, mediation is specifically designed to help parties resolve disputes. Even if you and your spouse have significant disagreements, a skilled mediator can help you find common ground.

The mediator’s role is to facilitate productive discussions and offer guidance that allows both parties to reach a mutually beneficial agreement. You don’t have to start with an agreement to finish with one.

Myth 2: You Don’t Need an Attorney in Mediation

While it’s true that mediation doesn’t involve a judge, that doesn’t mean you should go through it without legal representation. A family law attorney plays a critical role in mediation by advising you on your rights, helping you prepare for negotiations, and ensuring that any agreements you reach are in your best interest.

At the Law Office of Joanne E. Kleiner, we guide our clients through mediation, ensuring that they are well-prepared and fully understand the process. Whether you’re working with one of our mediators or another mediator, having legal support can make a big difference in the outcome.

Myth 3: Mediation Is Always Faster Than Litigation

Mediation is typically faster than litigation, but it’s not always a quick process. Complex issues such as business ownership, high-value assets, or intricate custody arrangements can take time to resolve. However, the benefit of mediation is that the timeline is in your control—not a judge’s. This flexibility allows for more thorough discussion and creative problem-solving, which may take longer but often leads to better, more durable solutions.

Myth 4: Mediated Agreements Are Not Legally Binding

Some believe that because a mediator doesn’t have the authority to issue orders, agreements reached in mediation aren’t legally binding. This is incorrect. Once both parties agree on the terms and the agreement is finalized, it can be submitted to a court and entered as a binding order. Both parties are then legally obligated to adhere to the terms, just as they would be if the agreement were reached in court.

Myth 5: Mediation Doesn’t Work in High-Conflict Divorces

While it’s true that mediation may not be the right fit for couples dealing with domestic violence or extreme power imbalances, it can be effective in many high-conflict situations. A skilled mediator helps keep the conversation focused on solutions rather than letting emotions take over. If both parties are willing to try, mediation can even help de-escalate conflict and lead to more constructive conversations.

How the Law Office of Joanne E. Kleiner Can Help

At the Law Office of Joanne E. Kleiner, we believe that mediation is a powerful tool for resolving family law disputes, and we’re committed to helping our clients navigate the process effectively. Whether you’re considering mediation for your divorce or need guidance on a specific issue, our team has the experience and expertise to ensure that your interests are protected.

If you have questions about whether mediation is right for your situation, contact us today to schedule a consultation. Let us help you find a peaceful and positive path forward.

May 07, 2024

How a Lawyer Can Help You During Divorce Mediation

What Can a Lawyer Do for You During Divorce Mediation?

The purpose of divorce mediation is to help resolve issues related to divorce proceedings without having to resort to litigation. These issues will often include child custody, property division, and spousal and child support.

What is Involved in Divorce Mediation?

Mediation is facilitated by a neutral third party not directly associated with either spouse. It normally takes place in stages, with the steps involved including:

  • Information gathering
  • Private meetings with the mediator
  • Negotiations
  • A final resolution

A memorandum of understanding is drafted after both parties have been able to reach an agreement. This document will be binding once submitted to and approved by the court having jurisdiction over the divorce.

Having Someone on Your Side

You do not have to have an attorney assist you during mediation. However, it helps to have someone explain the process and answer your questions. A mediator can only do or say so much to one party or the other, or they may be accused of favoritism. A lawyer, on the other hand, has your best interests in mind during the entire process.

Reviewing Documents

A divorce lawyer also reviews documents before you submit or sign anything. Divorce legal paperwork sometimes contains what can be confusing language. It is important to have a complete understanding of what is being agreed to before anything is signed.

Clarifying and Reviewing the Proposed Settlement

This is equally important since it’s not easy to go back and make changes once everything has been signed and filed. The settlement is the most important part of the mediation process. It may also be possible to negotiate further if there are issues with the MOU.


Selecting a Divorce Mediator

In many cases, the court appoints a mediator. However, an attorney could help you select a mediator if the court doesn’t appoint one. The main goal here is to choose a mediator who is fair and who has experience in handling contentious divorce cases that contain issues similar to those that are present in your situation.

Gathering Additional Information

In some instances, a mediator will request more information to clarify issues during the proceedings. However, it may not be readily available if it is documentation that has to be gathered from various outside sources. A lawyer may be able to assist with this process to ensure everything is provided as requested and filed on time.

Helping with Tense Negotiations

It’s not always smooth sailing when a marriage comes to an end. In some cases, negotiations get tense. Should this happen, a lawyer may be able to calm things down on your side and help you understand what’s going on to see things more clearly. There may even be a need to temporarily pause negotiations so that you can regroup and adjust your strategy. Your lawyer can make clear-headed suggestions during a time that’s often emotional.

Making Sure The Other Party Follows Through

It’s not always smooth sailing once a settlement is reached either. There may be times when your ex is not so cooperative about certain things – especially if finances or children are involved. You may also have issues obtaining agreed-upon spousal support.

If this is the case, an attorney may be able to take steps to pursue the spousal support you’re owed. There may also be issues with agreed-upon visitation or custody issues with children. Finally, a lawyer may be able to assist with any lingering divorce issues that are not specifically addressed in the settlement agreement.

Contact a Divorce Attorney Today

Contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, for more information on divorce mediation and how a divorce lawyer can help. Call us at 215-886-1266 or use our online contact form.

Jun 05, 2023

When Mediation Does Not Resolve All of your Divorce Legal Issues

What to Do When You Cannot Reach a Divorce Agreement

Mediation is the process of negotiating the terms and conditions of your divorce through the help of an unbiased third party. Both partners can use their own respective lawyers to communicate their wishes and discuss possible compromises.

What Happens During Divorce Mediation

Mediation can be used to address many aspects of a divorce, such as:

  • Divorce settlements including what assets couples can keep afterwards
  • Alimony
  • Child support and child custody
  • Pet custody and visitation

In many cases, mediation helps couples divorce without the need to go to court. A prenuptial agreement can facilitate the process, but the couple may still contest the agreement and decide to mediate further before settlement.

If the couple did not sign a prenuptial agreement, then they will have to begin taking inventory of their assets and determining their goals for the mediation process. The mediator will walk the couple through the process step by step. Their goal is to ensure that both people leave the relationship on fair terms. They can help maintain the peace as couples negotiate difficult matters regarding finances, living arrangements, child custody, and more.

What to Do When You Cannot Agree

You cannot settle your divorce until you have both agreed to its terms. There are three ways that you can approach this situation.

You can continue negotiating through divorce mediation until you can reach a desirable compromise. This can be a lengthy process, and you may decide to work with another mediator if you feel as though your negotiations are ineffective or if they have reached an impasse.

You could also look into divorce arbitration. A divorce arbitrator acts as a private judge and makes decisions the same way a judge would. The final decision, referred to as an award, is generally binding on the estranged spouses.

Finally, you can obtain the assistance of divorce attorney. They may also be able to help you reach a divorce settlement without going to court. If you end up in litigation, your divorce attorney will help build a compelling case for your argument in court.

Next Steps After Failed Divorce Mediation

When a couple is unable to settle their divorce in private, they can bring their case before a judge. The mediation discussions remain confidential, which means that the entire case will begin again as though no prior negotiations took place.

Mediation allows the parties to reach conclusions that may be different from how a judge ultimately rules. It allows each estranges spouse greater agency in the final divorce decree, offering flexibility and privacy and making unorthodox solutions possible. Divorce court, on the other hand, is a matter of public record, so the discussions that take place can be revealed to others. Couples who wish to keep their divorce private may want to avoid taking their case to court.

Luckily, mediation can be managed effectively so long as both parties are willing to respectfully negotiate during this process. When a private mediator, such as a friend or family member, cannot help the couple reach a settlement, each spouse can work with a divorce lawyer as an alternative.

Divorce Court After Mediation Fails

Going to court is not mandatory, but it will become necessary if you and your spouse are unable to reach a compromise through other means. If you are confused about the best course of action, then it may be helpful to speak with a divorce lawyer. They can review your current case and propose possible solutions. They can also help you understand your rights and clarify what you can and cannot ask for as part of a divorce settlement.

Connect With a Pennsylvania Divorce Lawyer

If you have struggled to resolve your divorce through private mediation, consider speaking with the Law Office of Joanne Kleiner. You can reach our firm by calling us at 215-886-1266. You can also schedule a consultation by requesting an appointment through the form on our website.