Pragmatic. Determined.
Effective Problem Solver.

Mediation is a cooperative process in which an impartial professional meets with all parties, with or without their attorneys, to assist them in reaching a mutual and informed agreement relating to their separation, divorce, custody, parenting time or post-divorce dispute. Mediation is a confidential process, meaning that should court intervention become necessary once mediation commences, neither party nor their counsel may make known to a court the negotiations that took place in mediation.

Mediation is an informal process, outside of the courtroom, in which the parties retain control and are empowered to make their own decisions. A common misconception is that appearing in court will give a party control. It does not. While parties can present positions, this constitutes input rather than decision-making.  It is the court that makes the decisions and has considerable discretion, due to the vagaries in the divorce law.

Furthermore, the mediator and the parties can explore creative options independent of legal parameters. Also, with an experienced mediator like Phyllis Klein guiding the process toward resolution, mediation helps to reduce hostility and tension and financial expense. Additionally, as parties are not bound by the court calendar, issues are resolved more quickly and efficiently, further reducing legal expenses.

While understanding the parties’ historical financial and parenting relationship is important, Phyllis Klein encourages the parties not to dwell on the past. Instead, she urges them to focus on the path forward and work towards a resolution that is comfortable for themselves and their children.

Parties can engage in mediation even if they struggle to communicate, feel uncomfortable in the same room, have differing motivations, or fail to appreciate each other’s perspectives. Phyllis Klein, an experienced mediator, will assist them in finding common ground despite these obstacles. Couples have the option to sit in separate rooms, either in-person or virtually, while Phyllis Klein facilitates communication by moving between rooms, conveying relevant information and proposals. Every problem has a solution, and with Phyllis Klein’s guidance, parties can address these issues collaboratively instead of leaving them for the court, where outcomes may not align with the parties’ interests. In mediation, led by a skilled mediator like Phyllis Klein, parties often transition to more productive communication and problem-solving methods, benefiting the family’s future.

• Legal Custody (Decision-Making)
• Physical Custody (Where the Children Primarily Reside or How Their Physical Custody is Shared)
• Parenting Time (The Exercise of Time with the Non-Physical Custodian)
• Parenting Related Issues and Communication
• Child Support
• Payment of Child Related Expenses Not Included in Child Support
• Post-High School Child Education Costs
• Alimony (Support of the Spouse)
• Security for Support Related Obligations
• Identification, Valuation and Distribution of Financial, Property and Business Assets and Liabilities
• Tax Considerations
• Relocation of a Parent
• Post-Judgment of Divorce Issues Relating to Changes in Circumstance or Enforcement of Divorce Settlement Terms

Throughout the mediation process, Phyllis Klein will ensure that the parties have a clear understanding of the issues and the necessary steps for progress. At the conclusion of each session, Phyllis will provide a concise Summary of the discussed terms and agreed-upon action items. If the parties reach a final agreement, Phyllis will draft a Memorandum of Understanding that includes all settlement terms. Should the parties have legal representation, Phyllis can also draft a more detailed Marital Settlement Agreement or Binding Term Sheet.

Phyllis highly recommends beginning the divorce process with mediation due to its numerous benefits. Starting mediation early helps prevent the build-up of mistrust caused by litigation and avoids the costly discovery and court proceedings that follow. Early mediation can save parties thousands of dollars and reduce long-term distress.

However, it is never too late to pursue mediation. In fact, the Court strongly advocates settlement, with New Jersey Court Rules requiring two settlement processes during pending litigation before a trial can begin, one of which is mediation. Despite any animosity and tension that may have resulted from a prolonged litigation process, the situation is ripe for settlement, given the likelihood that any custody and financial issues have been identified and evaluated.  A skilled mediator such as Phyllis Klein can reduce tension, redirect the parties, and facilitate the path toward resolution.

Yes. Initially, Phyllis Klein offers a complimentary 20-minute session. During this session, she will explain the mediation process and address any questions you may have about the process her approach. Additionally, mediation is entirely voluntary. If you find that mediation is not progressing productively, you have the option to terminate the process at any stage. Moreover, even if you are unable to resolve all issues, it is possible to reach agreements on some matters. In such cases, you can document these partial agreements in writing. This approach still allows you to save time, money, and avoid unnecessary stress.

The decision to hire an attorney is personal and many couples mediate without attorneys.  However, Phyllis Klein highly recommends that individuals consult with separate counsel because as a neutral professional, the mediator cannot give legal advice.  It is not always necessary for attorneys to be present at the mediation session, but it is beneficial for parties to have attorneys available to consult about what was discussed. This way, any concerns can be addressed and resolved in real time, preventing issues from arising later when it may be more challenging to agreeably make changes. Regardless, Phyllis will always recommend that each party has an attorney review a proposed agreement before it is signed.

New Jersey Law permits parties to mediate in such situations. In the event a Domestic Violence Restraining Order exists, it is the decision of the protected party as to whether to proceed in mediation. In such event, the parties will remain in separate rooms and only a mediator specially trained and qualified to mediate where Restraining Orders exist may do so. Phyllis Klein possesses that training and qualifications and, in fact, is one of the faculty that trains mediators for such situations. Regardless, the mediator must assess whether mediation can be safe and effective after reviewing the Orders and observing the dynamic. If safety can be ensured and each party fully comprehends the implications of the decisions being considered, then mediation can proceed successfully.

The answer is dependent upon several factors: the number of issues to be resolved, their complexity, the degree of conflict between the parties, and the ability and willingness of the parties to negotiate in good faith and cooperate. After the initial session where she identifies the issues and assesses the level of cooperation, Phyllis Klein will be in a better position to estimate the number of sessions required.

While no method of conflict resolution is always successful, the rates of success for mediation are excellent, given the nature of the process as described above. Success in mediation does hinge on both parties negotiating in good faith, being committed to resolving matters, and being willing to compromise.  If the parties have unrealistic expectations and each is convinced that the judge will see everything as that party sees it, they may need to experience one or two court hearings before they are ready to negotiate in earnest. Such experiences often lead parties to realize that justice in family court can be elusive. By contrast, with the help of a skilled mediator like Phyllis Klein, mediation will allow you to maintain control and achieve resolution.