Avoiding Court

Court can be an excellent place to settle disputes.

But, usually, not domestic ones.

The courtroom is a setting in which adversaries take opposite sides of an issue, and a judge decides which side wins. Because a lot of people are using the courts, the process is backed up and takes a long time - months and even years. It is expensive, in terms of time and dollars. It can be very stressful, and in the end, the "solution" may please no one - not even the "winner"!

In Pennsylvania, a fully contested divorce requires at least fourteen hearings, before fourteen different individuals.

We think court should be a last resort in divorce and family law cases. We are all fully trained trial lawyers, and will not hesitate to take a matter to court and vigorously contest it when necessary. But usually, we find that it is in your best interest to work outside the court system, and be fully involved in making those decisions that will so profoundly affect your life and the lives of your children.

To this end, we have become knowledgeable and skilled negotiators on behalf of our clients. We explore with you the various options available, to find the approach that will work best for you and your family. Since most divorces - especially those involving minor children - don't end with the judge's decree, it is important to arrive at solutions that the parties can live with over time. We have found that when the parties are invested in the process and involved in making the decisions, they will have an easier time cooperating with carrying them out.

Most divorces involve a fair number of issues to be worked out, such as alimony, property division, marital home, custody of the children, and so forth. A traditional method of dealing with these issues is mediation. During mediation, a third neutral party - the mediator - works with both parties to help them reach an agreement. This agreement can then be presented to the court.

The mediator must remain neutral and so cannot represent either party. One of our attorneys, Daryl Endy Klein, is a trained mediator and can serve in this role. We also can help prepare our clients for the mediation process, and represent them during the mediation if appropriate. For more information, visit Mediation Works.

An exciting, new form of alternative dispute resolution is called Collaborative Family Law.ä This is an integrated, multi-disciplinary approach to resolving issues involved in divorce. In this approach, the parties sign a contract agreeing not to take the matter to court, but rather to make a good faith attempt to reach an agreement on all issues. Each agrees to fully disclose their assets to the other party. If no agreement is reached, and a party decides to litigate, both attorneys must resign.

An important part of the collaborative law process is the use of a multi-disciplinary team of professionals to assist the parties as needed. This team may include, for example, experienced domestic relations lawyers for each party, mental health professionals, a mutually selected neutral financial advisor, and a child specialist, all trained in collaborative divorce. For more information, visit Collaborative Family Law Affiliates.

If you would like to explore your options for avoiding court, please call us at (610) 491-9910, send email, or complete the online form.