- Our office will be closed Monday, May 25 in observance of Memorial Day. As we honor those who served, we wish you and your loved ones a safe and peaceful weekend.
When family disputes turn into legal issues, you are facing personal decisions that affect your home, your family, your finances, and often, your future. Mediation is a different way forward, one that focuses on thoughtful discussion and practical solutions rather than conflict in a courtroom.
Through mediation in Pennsylvania and New Jersey, you and the other party work towards resolution under the guidance of a neutral professional. Many people find that this process allows for more privacy, nuance and flexibility than traditional family law litigation. It’s a structured space where difficult conversations can take place with a focus on your particular situation with the support of an experienced mediator.
At BKW Family Law LLC, our law firm approaches mediation with care and experience. Three of our attorneys are trained mediators who can serve in that role to assist you in reaching agreements. Additionally, all of our attorneys work with clients as independent mediation coaches, helping you prepare for sessions, collect relevant information and review proposed agreements when another mediator is involved. When you work with our lawyers, you can knowledgeably and confidently participate in mediation with clear legal support and a better understanding of your rights under Pennsylvania and New Jersey law.
Mediation isn’t the right fit for every situation and our attorneys and lawyers are always prepared to move forward with litigation when needed. However, when it’s appropriate, mediation can offer a more constructive and less adversarial way to resolve family law matters.
If you’re considering mediation or have been asked to participate, contact the attorneys at BKW Family Law LLC to discuss your options.
Mediation is an option for resolving all manners of issues and disputes in a way that best serves you and your family and without the necessity of going to court. With the assistance of a trained third party, decisions concerning custody, support and/or division of your marital assets can be made by you and your co-parent or spouse. Three of our attorneys are trained family and divorce mediators (Joni Berner, Megan Watson and Lisa Shapson) and are able to help you reach a resolution that works best for your family.
Mediation allows the parties to control the process, from the timing and number of sessions, to the list of issues to be resolved, to solutions that are unique to your family. This is a benefit that litigation does not provide. Further, an experienced mediator can help you come up with solutions that may be considered “outside-the-box” and can also help direct the conversation when emotions get high.
Although our mediators are also attorneys, our role is not to serve as an attorney, but as an independent neutral. When serving as a mediator, we do not provide legal advice and suggest each party seek independent counsel. However, we do rely on our extensive legal experience to help craft solutions that are specific to your situation. Our years of experience means we have solutions and ideas to meet the needs of your family.
If you are successful in reaching an agreement through mediation, we can prepare a Memorandum of Understanding summarizing the agreed-upon terms and one of the parties’ independent attorneys will draft the formal agreement. If both parties agree, we could, in the alternative, prepare a Settlement Agree that is signed by both parties, after a review by their respective attorneys, and can be filed with the court.
Many people choose mediation because they want to resolve family law disputes in a more collaborative and cost-effective manner, but they also want the support of an attorney throughout the process. Working with an independent attorney during mediation can help you better understand your rights, evaluate potential settlement options, and prepare for important discussions.
In addition to three of our attorneys serving as mediators, all of our attorneys serve as independent coaches to clients who are engaged in the mediation process with non-BKW Family Law mediators. Our familiarity with, and support of, the mediation process makes us particularly well-suited to this role.
As mediation coaches, we can help clients prepare for mediation sessions, organize relevant information, review proposed agreements, and provide legal guidance throughout the process. Our goal is to help you participate in mediation with confidence while ensuring you understand the legal and practical implications of the decisions being made.
Mediation can address a wide range of family law issues. Instead of segregating custody issues from support issues from divorce issues, as many courts do, particularly in Pennsylvania, mediation allows you to resolve concerns in a more coordinated and efficient way. Common topics include:
Mediation keeps these issues connected rather than treating them in isolation. Topics like parenting schedules, financial support, and property division can all influence each other, so mediation addresses those overlaps in a practical way. If you have questions about how the mediation process might work in your case, contact the attorneys at our law firm today to learn more.
After both parties agree to participate in mediation and have selected a mediator, the mediator typically speaks to each party to confirm their consent to participate and ensure that there are no concerns about domestic violence. From there, the parties will meet together with a mediator (in person or virtually) and present the issues they are looking to resolve. A mediator will then determine if more information is needed and how to best move forward.
Sessions are scheduled based on availability and the complexity of the issues. Some cases resolve quickly, while others require multiple sessions over time. During each session, both parties have the opportunity to discuss concerns and work toward solutions. The mediator helps keep discussions focused and productive.
Throughout the process, both parties have opportunities to consult with their private counsel. A party can ask, at any time during a mediation, to take a break either until the next session or just to try and reach their attorney at that time. As agreements, large or small, are reached in mediation, they are documented in writing, either during the session or shortly afterward. This ensures clarity and reduces the risk of misunderstandings. Before anything becomes final, each party’s independent attorney or lawyer is provided the ability to review the proposed agreement(s). Once finalized, agreements may be submitted to the court for approval, depending on the circumstances.
While mediation offers many benefits, it does have limitations. The process depends on both parties participating in good faith and feeling safe enough to communicate openly.
If there is coercion, controlling behavior, or a lack of transparency—especially regarding finances—mediation may not be effective. In those cases, working with an attorney through traditional legal channels may provide stronger protection.
Mediation may also be less effective if one party is unwilling to engage meaningfully in the process. When that happens, litigation may be necessary to resolve outstanding issues.
Our law firm’s attorneys and lawyers can help you evaluate whether mediation is the right approach based on your specific situation in Pennsylvania or New Jersey.
If an agreement is reached, the next step is creating a written document that reflects the terms. This may occur during mediation or shortly after. The process typically includes:
Court involvement is often required to formalize agreements. Once approved, these agreements carry the same legal weight as a court decision.
If mediation does not resolve every issue, remaining matters may proceed through litigation or another form of resolution. Even in those situations, however, mediation often helps narrow what still needs to be addressed.
BKW Family Law LLC is a family law firm based in Philadelphia, serving clients throughout Pennsylvania and New Jersey that takes a balanced and thoughtful approach to mediation. Our attorneys and lawyers focus on helping clients reach practical, lasting solutions while remaining prepared to move into litigation when necessary.
Whether we are serving as mediators, or working as coaching attorneys, our law firm is committed to making the process clear, supported, and manageable. We help clients in Pennsylvania and New Jersey understand their options and move forward with confidence.
If you’re considering mediation, contact BKW Family Law LLC today.
In addition to three of our attorneys serving as mediators, all of our attorneys serve as independent coaches to clients who are engaged in the mediation process with non-BKW Family Law mediators. Our familiarity with, and support of, the mediation process makes us particularly well-suited to this role.