Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Collaboration

Dec 05, 2023

Should You Choose Collaborative Divorce?

With a success rate of 86%, collaborative divorce offers couples in Pennsylvania and around the country an alternative to litigation. If you want a divorce process that helps you and your spouse work towards an amicable resolution of your issues, a collaborative divorce might be right for you. While it might not work for all couples, you can benefit from this alternative to litigation in both the short and long run.

Understanding the Collaborative Divorce Process

In a collaborative divorce, you and your spouse will each work with your own respective divorce lawyer and other members of your divorce team to collaborate on resolving the issues of your break up. The goal of this process is to foster a relationship focused on problem-solving between the spouses. The steps to achieve this include:

  • Gathering your team of professionals to support and guide you during this process
  • Signing an agreement at the beginning that commits both spouses to this format without either being allowed to file anything in court until issues are resolved together
  • Understanding that if communication and negotiations fail each person’s team will be dismantled
  • Committing to being honest and transparent about the disclosure of information during the work sessions
  • Filing a divorce agreement in court after successful negotiations

What Issues Can You Resolve During the Collaborative Divorce Process?

If you choose to collaborate on your divorce process, you can resolve most, if not all, of your issues. Some of these include:

  • Asset and debt division, including insurance policies, investments and retirement accounts
  • Child custody, including parenting time and schedule
  • Child support payment details
  • Alimony or spousal support agreements

Short-term Benefits

This collaboration process allows you and your spouse to resolve issues out of the courtroom, keeping your information private. Working together and focusing on the issues can also help you work towards a faster divorce, saving you money. It will also allow you both to develop positive communication skills, which can improve your relationship, and it can even help you on your parenting journey as you continue raising your children after the divorce is final. Finally, a collaborative process can make it easier for you to heal emotionally since the feelings are positive and productive rather than spiteful and acrimonious as is found in some litigated divorces.

Long-term Benefits

A collaborative divorce allows you and your spouse, along with each person’s divorce lawyer and team, to negotiate over your assets and debts, helping you to find creative solutions to set you up for a stable financial life moving forward. You also become an example for your children by demonstrating your ability to solve problems and your commitment to them as a family, something that might not be possible in a dramatic courtroom battle.

When is Collaborative Divorce Not the Best Choice?

While the collaborative divorce process might be intriguing, there are situations where it might not be favorable or possible to engage in it. For example, if there is a history of domestic abuse and one spouse fears for their safety around the other, then collaboration is not an option. Another reason why it might not work is if your relationship with your spouse has deteriorated so much that you simply cannot get along or even speak to each other since open and amicable communication is at the center of this process.

Committing to the Process

The success of collaborative divorce hinges on the commitment of both spouses and their teams to negotiate in good faith. If both parties are willing to do this, there is a good chance that you will arrive at a fair resolution.

If you are interested in exploring the collaborative divorce process, you can call us at the Law Office of Joanne Kleiner at 215-886-1266 to schedule an appointment at our Jenkintown offices. We are ready to help you solve your issues out of court. You can also fill out our contact form to request a consultation to find out how we can help you achieve an amicable divorce that allows you to look positively at the future.

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.