mediation

Name: Law Office of Joanne Kleiner
Address: 261 Old York Rd., Ste. 402, Jenkintown, PA, 19046, US
Telephone: 215-886-1266

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

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.
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.
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.
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.

Apr 05, 2024

Living Separate and Apart Can Help You Define Your Divorce

Some couples choose to separate before they divorce. However, while in Pennsylvania the court will not officially recognize a legal separation, proving to the court that you and your spouse were living separately and apart can be an important factor in a divorce.

What Does Living Separate and Apart Mean?

Living separate and apart means that a couple has decided to stop living as a married couple, even if they are continuing to live under the same roof. They sleep in separate bedrooms, do not entertain guests together, and generally maintain separate lives. It is usually implied that they have also ceased to have sexual relations. When couples live “separate and apart,” it is understood that neither spouse has engaged in any of the aspects that define a marital relationship.

Why Do Some Couples Choose to Live Separate and Apart?

There are many reasons why couples might choose to live separate and apart before seeking a divorce. For some couples, this might be a short-term situation, but for other couples, this might be the ultimate solution to their issues. Some of the reasons couples choose this include:

Needing time to decide if they want to proceed to a divorce or continue working on their marriage
Dealing with religious or cultural pressures that frown upon divorce
Retaining access to benefits such as health insurance, tax breaks and military benefits
Saving money while both people explore separate housing arrangements
Providing stability for the children

Crafting a Legal Separation Agreement During this Period

When couples live separate and apart, they might also choose to negotiate a separation agreement. Each spouse will want to work with their own divorce lawyer to prepare the agreement, which is in some ways a postnuptial agreement.

Such an agreement is one way to establish clear rules about how the separation might work. This might also help them prepare for their divorce settlement negotiations. Some of the things couples can include in a separation agreement include:

Each person’s responsibility for paying bills
A child custody schedule
A schedule and rules for the use of the family home
Child and spousal support payments

How Living Separate and Apart Can Be a Precursor to Divorce

When a couple is struggling in their marriage, they might want options to resolve the issues. However, if the couple chooses to proceed with the divorce, there must be proof that the marriage has ended. Living separate and apart is one way to show this.

In a no-fault divorce, for example, living separate and apart can be the grounds on which a divorce is granted, even if only one spouse files the divorce complaint that the marriage is irrevocably broken. If that spouse provides proof that the spouses have been living apart consistently, the divorce might be granted even if the other spouse does not provide their consent.

Once a spouse files a complaint for divorce, the court presumes that at least from the date that the complaint was served on the other spouse, if not earlier, the spouses were living separate and apart. During this time, each spouse could consult with their divorce lawyer to begin their plan for the divorce negotiations. The couple might choose litigation to resolve their divorce issues, but they might also consider other divorce options, such as mediation, arbitration, or collaborative divorce. These options, along with a no-fault divorce, might help couples avoid a costly and drawn-out divorce process.

Find a Divorce Support Team That is Right for You

Having a divorce support team is important to help you make the best choices during the process. Having a team that will listen to your concerns and answer your questions honestly while guiding you through your divorce can help you achieve your goals. At the Law Office of Joanne Kleiner, we can provide the assistance you seek. Call us today at 215-886-1266 to schedule a consultation with Joanne Kleiner at our Jenkintown offices.

Feb 05, 2024

Divorce and Mental Health Issues

A Calmer Divorce Option: Settling Your Divorce Out of Court

Major life events can have a significant impact on a person’s emotional well-being. If that person is already struggling with mental health issues, the divorce process and the transition period that follows can be even more difficult. One way of decreasing the accompanying tension and stress is by choosing a divorce method that allows you to settle your case out of court.

Why Divorcing Someone With Mental Health Issues Can Be Challenging

Going through a divorce is difficult for all parties, even if they are the ones initiating the process. The end of a marriage means leaving behind shared goals and plans and is often accompanied by a sense of loss.

When one of the spouses is suffering from mental health issues, the emotions triggered by the divorce can make the process even more challenging. The spouse with mental health issues may attempt to prevent the divorce from progressing or take revenge over perceived wrongs.

If you are the one who initiated the divorce, you may feel guilty about pursuing it and the impact it will have on your spouse’s mental stability. You will likely also be concerned about the effect of the divorce on your children and the possibility of losing your relationship with them.

Parents having a serious discussion with their young daughter, who appears upset and covers her ears, sitting on a couch in a neutral-toned room.

Do Not Let Your Children Get Caught in the Middle

In desperation over the divorce and the coming changes to their life, a parent who is already struggling with a mental health disorder might do things that can significantly harm the other parent, such as accusing them of abuse. They might attempt to alienate the children from the other parent as payback.

While you might feel like you have the right to retribution, it might be best to step back and consider the effect that any actions you take will have on the children, and this can help you prevent them from getting caught in the middle of the conflict.

Preparing to Divorce a Spouse With Mental Health Challenges

If you are in this situation and thinking of divorce, the preparation should begin early. Ideally, you will want to gather evidence that shows the existence of those issues, such as documenting any episodes or ensuring that you have credible witnesses for your interactions.

A divorce lawyer might be able to guide you about ways of interacting with your spouse to avoid further conflicts. Additionally, you might look for ways to lessen the impact of the process on the spouse with mental health issues, including:

Gathering a support team, including a therapist who might help you work through your issues to cope with the actions of your spouse
Approaching your spouse about the divorce when they are having periods of emotional stability
Accepting that you will not be able to change your spouse and focusing on what you can do instead to make the process move forward as amicably as possible
Maintaining a friendly tone and outlook about the process, including exploring alternative methods to going to court

Why Staying Out of Court Might Help

A long and expensive litigated divorce might not be best when one of the spouses deals with mental health challenges. The court appearances might just escalate that spouse’s feeling of desperation. However, you might explore alternative conflict resolution methods with your divorce lawyer that might help keep you out of court while resolving your issues more positively. You might consider a collaborative divorce or mediation to resolve your issues.

If you are ready to begin the divorce process and are dealing with a spouse with mental health issues, you need the guidance and support of a lawyer who understands your situation and who might help you choose the right method. At the Law Office of Joanne Kleiner we can assist you with your needs. Call us today at 215-886-1266 to schedule a consultation at our Jenkintown, Pennsylvania office.

Jul 12, 2023

Choosing the Right Mediator for Your Amicable Divorce

When couples choose to pursue an amicable divorce, they often are able to significantly avoid stress and promote healthy resolutions. One crucial element in achieving a successful amicable divorce is finding the right mediator. Mediators are trained professionals tasked with helping couples navigate the divorce process by facilitating open communication, fostering compromise, and guiding them towards mutually beneficial agreements.

In an amicable divorce, a mediator plays a vital role in guiding couples through the process by acting as a neutral third party, facilitating communication, and helping spouses find common ground. Mediators are trained professionals skilled in conflict resolution techniques, and they work to create an environment conducive to productive discussions. By understanding their unique approach, couples can make an informed decision about engaging a mediator for their amicable divorce.

Every divorce situation is unique, and couples should assess their specific needs and goals before choosing a mediator. Consider factors such as child custody arrangements, property division, financial agreements, and communication dynamics. Understanding your priorities and expectations will help you find a mediator who can address your specific concerns and guide you towards desired outcomes.

A mediator’s qualifications and experience are key factors in determining their suitability for your amicable divorce. Look for mediators with relevant training, certifications, and experience in handling amicable divorces and related family law matters. Consider their professional memberships and commitment to ethical standards to ensure they adhere to the established guidelines and best practices of an amicable divorce.

Woman sitting across from man with a laptop in a professional setting.

Familiarize yourself with the typical steps involved in the mediation process. From the initial meeting to the final agreement, mediators guide couples through discussions, helping them navigate issues such as child custody, asset division, and financial arrangements. Understand the importance of confidentiality, voluntary participation, and the mediator’s role in facilitating productive dialogue and finding common ground.

Choose a mediator who specializes in amicable divorces and cooperative dispute resolution. These individuals have specific expertise in preserving relationships, promoting healthy co-parenting, and facilitating mutually satisfactory resolutions.

Weigh all the factors discussed above, including qualifications, experience, compatibility, and cost, to make an informed decision. Trust your instincts and choose a mediator who aligns with your values, needs, and goals. Remember, selecting the right mediator is crucial for a successful amicable divorce, as they will guide you through the process and help you achieve a positive outcome.

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.