Joanne Kleiner & Associates

Mediated divorce

Sep 13

What to Do When Mediation Doesn’t Work

What Happens When Mediation Fails?

Research indicates that people are more likely to have a satisfactory outcome with their divorce when they use mediation instead of the courts, but this does not mean that mediation is the best choice for every couple. Knowing what to expect if your mediation fails can help you feel a lot more comfortable with the entire process.

How to Decide If Mediation Has Failed

When mediation does not go as smoothly as possible, your first instinct might be to decide it has failed and move on. However, it is important to take a breath and remember that it is still possible to use mediation even if you have had a disagreement or two. You may want to think twice about stopping mediation unless you notice one of these problems:

  • One person is constantly belittling or harassing the other.
  • Your mediation sessions go nowhere because you are sidetracked by arguments.
  • One party refuses to budge or compromise on any issues.
  • During sessions, one person never speaks or mentions their desires.
  • Belligerent tactics, like denying access to children or threatening to cut off funds, are being used.
  • One person repeatedly lies or fails to disclose important information.
  • Proceedings are being dragged out because one party does not want to divorce.

Considering Another Round of Mediation

Noticing problems in your current mediation session does not necessarily mean that you need to give up on mediation altogether. Sometimes, it is still possible to fix your mediation. You may want to consider starting fresh with another divorce mediation lawyer. Sometimes, no matter how talented an attorney is, his or her personality just might not be right for your situation. It can also be helpful to take a short break and get a more objective outlook on mediation. This can be a good solution when you and your ex really want the benefits of mediation but are just struggling to compromise and work with each other occasionally.

Trying the Collaborative Divorce Method

Mediation not working out does not necessarily mean you need to go straight to divorce court. Another useful option can be a collaborative divorce. Collaborative law shares some similarities with mediation since both procedures involve the two parties working together to find a mutually beneficial arrangement. However, instead of working with just one mediator, each party comes to the table with their own lawyer. This can be useful because you have someone to represent your interests and take your side in discussions. The collaborative divorce method also gets more input from other unbiased parties. You meet with professionals like child therapists and financial experts to discuss your situation and get more advice.

Moving on to a Divorce Trial

When there are things you simply cannot agree on, it might be time to take things to the courts. A judge can help find the best solution for any children and assist in dividing up assets in a fair and equitable way. Even when you do not agree on every part of the divorce, you can still file a no-fault divorce in Pennsylvania. This lets you have a shorter divorce time while still getting the court’s input on deciding important aspects of your divorce. Keep in mind that all your time in mediation was not wasted just because you are involving the court. It was still a valuable way of gathering information and learning more about you and your ex’s priorities and goals.

Find the Right Option for You With Joanne Kleiner

Whether or not mediation turns out to suit your situation, the Law Office of Joanne Kleiner is here to help. With over 25 years of experience, we have the knowledge and the dedication to try and get you the best possible outcome for your divorce. In addition to being a talented divorce mediation lawyer, Joanne Kleiner also assists with a variety of other family law cases. Call our office in Jenkintown at (215) 886-1266 or fill out our contact form to schedule a confidential consultation today.

May 17, 2012

Types of Divorce in Pennsylvania

Divorce law in the Commonwealth of Pennsylvania provides for many approaches to divorce, as follows:

• Uncontested divorce. When spouses in a divorcing couple can agree on all the issues and do not site fault grounds, they file for an uncontested divorce.

• Contested divorce. A divorce in which the spouses disagree on issues such as child custody, visitation, spousal support and property division is contested. In a contested divorce you go to court to resolve the issues. A contested divorce can be an expensive and drawn-out process, and requires the assistance of an experienced Pennsylvania divorce attorney to get through the process.

• Collaborative divorce. A collaborative divorce allows couples to resolve their differences without going to court. In a spirit of cooperation, the spouses negotiate an agreement on the issues, and both parties are represented and advised by separate collaborative attorneys. Collaborative divorce is a completely voluntary process, and if either spouse opts to go to court, the process ends and the attorneys withdraw.

• Mediated divorce. Divorce mediation is a process in which a neutral third party helps the divorcing spouses to resolve disputes on the issues and reach an agreement.

• Legal separation. Pennsylvania has no such status as legal separation. However, a divorce attorney can prepare a separation agreement for you. The separation agreement is a legally binding document that offers protections for both spouses during the separation. The agreement can include provisions on property division, support and custody, and any issues covered in a divorce decree.

You don’t have to face a divorce alone

Each family is unique and has its own special needs. An experienced divorce attorney can help you determine the best approach to divorce for your family. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your divorce needs.