Berner Law & Mediation Group

Regional

New York City

Practice Areas

• Collaborative Law: Family Law

  Collaborative Divorce

  Collaborative divorce is a way to resolve disputes where each party is supported by their own attorney. These attorneys are chosen because they are dedicated to negotiating a settlement without turning to litigation or court proceedings. This approach shifts the matter from a courtroom battle to a mutual problem-solving scenario.

  The core idea of "Collaborative Divorce Law" is that participants believe it serves all parties' best interests to resolve their differences with the least amount of conflict and without litigation. They aim to engage in a conflict-resolution process that foregoes court-imposed solutions. This approach emphasizes honesty, cooperation, and professionalism, with a strong focus on the future well-being of everyone involved.

  The collaborative divorce process addresses the needs of all parties. Initially, there are two categories of needs: process needs and outcome needs. Process needs acknowledge the emotional state of each participant at the start. A supportive process includes accepting participants as they are. Outcome needs encompass the participants' desired goals, ensuring they feel the issues are addressed successfully.

  In the Collaborative process, both parties commit to openly sharing information, shielding children from conflict, and, if necessary, working with neutral experts. Should either party choose to pursue litigation, the collaborative process concludes, and the attorneys involved must withdraw from the case.

   

• Divorce

  Attorney Settlement for Uncontested Divorce

  The process of attorney settlement negotiation offers a collaborative path for resolving divorce settlements. In this method, each individual chooses an attorney who engages with the counterpart's attorney to reach an agreement that resolves the issues that arise from the divorce.
  

  Throughout the negotiation, attorneys advocate for their clients while focusing on crafting an agreement acceptable to everyone involved. Unlike conventional divorce negotiations, where each side may see the other as an opponent, this approach prioritizes joint problem-solving and respects both parties' needs, interests, and priorities. The concept of "winning" is reframed as finding a resolution that addresses the concerns of all family members as best as possible.

• Family Law

  Family Law FAQs

  How do I know whether collaborative divorce or mediation is better for me?

  The right option depends on how much guidance and advocacy you want during negotiations. Mediation works well when parties are comfortable making decisions together, while collaborative divorce offers more structured legal support.  Call our office for more for guidance. 

• Family Law Mediation

  Divorce Mediation

  Divorce mediation is an informal process in which the parties themselves are in control and empowered to make their own decisions. Divorce mediation seeks to reduce the tension and trauma of divorce, not increase it. This enables couples to achieve a sense of wholeness after the emotional and financial chaos of ending their marriage. Mediation does not require each spouse to view the other as an adversary. Instead, the mediator helps the couple work together to find the best way to separate. Divorce mediation aims to reduce hostile feelings so that individuals can better adjust to the separation or divorce and plan for the future.

  Through this collaborative environment, couples negotiate their own agreement and, in the process, develop the tools for resolving future differences. Conflict can cause the productive airing of differences and can lead to creative solutions that address the changing needs of all family members.

  Mediation encourages people to avoid past patterns and “getting stuck” in what went wrong in the past. Instead, parties focus on what they want for themselves and their children. Qualified mediators help couples shift into new and productive ways of communicating and problem-solving, even while they are working towards their divorce.

• Mediation

  Mediation

  Mediation involves a neutral third party who aids disputing individuals in finding common ground by promoting dialogue. Conflict is a natural part of any relationship that has depth and connection. It's unusual for people to agree constantly; that's where mediators play a valuable role. Our mediation services cover a range of areas including family mediation, workplace disputes, relationship mediation, divorce mediation, and prenup mediation.

   

• Pre-Nuptial Agreements

  Prenuptial Agreements

  A prenuptial agreement, commonly known as a "prenup," is a formal arrangement made between two individuals planning to wed. Prenups often outline how financial issues will be managed between the partners in the event of a separation or divorce.

  While prenuptial agreements aren't essential for every couple, they can be valuable for many, especially those entering into a subsequent marriage or marrying at a later stage in life. The conversations leading to a prenup are beneficial in defining each party's expectations from the marriage and can support couples in beginning their shared life with an emphasis on collaboration and transparency.

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