Pioneering Collaborative Divorce in New York with Barry Berkman

Katherine Miller — Wed, 29 Nov 2017 00:48:37 +0000

EP: 061

Barry Berkman

Pioneering Collaborative Divorce in New York

After 15 years of trying divorce cases in the courts, Barry Berkman had come to realize that ‘nobody ever won a divorce case.’ Litigation comes with a high price tag in the form of expense and the toxic effect on everyone involved, especially the children. So he started looking for a better way.

At a mediation training in California in the mid-1990’s, Barry was inspired by stories of matrimonial lawyers using the collaborative process who hadn’t been to court in years. He returned to New York and started the state’s first collaborative practice. Today, Barry is a founding partner at Berkman Bottger Newman & Rodd, where he continues to specialize in matrimonial law and mediation. Barry teaches mediation at the Center for Mediation in Law, and he has been named among the Best Lawyers in America for eight years running.

On this episode of Divorce Dialogues, Barry joins Katherine to explain his role in bringing collaborative divorce to New York. He shares the advantages of collaborative law over mediation as well as the traditional litigation model. Barry speaks to the necessary shift in thinking for couples pursuing the collaborative process, discussing the role the lawyer plays in modeling a spirit of cooperation. Listen in for Barry’s insight on addressing mistrust through the collaborative divorce process and bringing in non-lawyers for additional support.

Topics Covered

Barry’s role in bringing collaborative divorce to New York
The advantages of collaborative law over mediation
How the collaborative process differs from traditional litigation
The shift in thinking from win/lose to solving a common problem
The exorbitant legal fees associated with a litigious divorce
The unpredictable interpretation of equitable distribution
How to address mistrust in the collaborative process
- ‘Let the documents decide’
- Experts to verify numbers
Why litigation provides a false sense of protection
How the collaborative process facilitates openness
The collaborative lawyer’s role in modeling cooperation
The non-lawyers who support the collaborative process
- Child specialist, parent coordinator
- Finance professionals

Connect with Barry Berkman

Barry’s Website
Phone 212-867-9123

Resources

Stu Webb on Divorce Dialogues
Hon. Sondra Miller on Divorce Dialogues

Connect with Katherine Miller

The Center for Understanding Conflict
Miller Law Group
Katherine on LinkedIn

The post Pioneering Collaborative Divorce in New York with Barry Berkman appeared first on Divorce Dialogues.

Divorce Through Mediation, Collaboration or Litigation? – with Melissa Goodstein

Katherine Miller — Thu, 08 Oct 2015 01:00:39 +0000

EP: 009

Melissa Goodstein

Divorce Through Mediation, Collaboration or Litigation?

Process choice can be tricky. Most of us would like to avoid the courtroom if at all possible, but how do mediation and collaboration work? How do you determine which divorce model is right for your circumstances? And when is it appropriate to choose litigation?

Melissa Goodstein has extensive experience in both mediation and the collaborative divorce process. She has been practicing mediation since 1993, and she received her training in the collaborative model in 2003. Her practice is located in Katonah, New York. Melissa serves on the New York State Council of Divorce Mediation, the Greater New York Council of Family and Divorce, the New York Association of Collaborative Professionals as well as the International Association of Collaborative Professionals.

Today, Melissa joins Katherine to discuss the roles comfort and willingness play in determining which process choice is the right fit. She walks us through the mediation process, explaining the confidential nature of this method and the necessity for both divorcing partners to feel comfortable speaking their truth. Melissa addresses how the collaborative divorce process differs and why each party has an attorney-advocate to help communicate their values and employ creative problem-solving to reach an agreement. Listen in to find out which cases are appropriate for the litigation model and learn when mediation or the collaborative process might be more fitting.