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: www.berkbot.com

Phone 212-867-9123

Resources

Stu Webb on Divorce Dialogues: https://player.fm/series/dialogue-on-divorce/dialogue-on-divorce-with-stu-webb-the-founder-of-collaborative-law

Hon. Sondra Miller on Divorce Dialogues: https://player.fm/series/dialogue-on-divorce/dialogue-and-divorce-with-hon-sondra-miller-on-why-its-so-important-to-stay-out-of-court

Connect with Katherine Miller

The Center for Understanding Conflict: http://understandinginconflict.org/

Miller Law Group: https://westchesterfamilylaw.com/

Katherine on LinkedIn: linkedin.com/in/kemiller1

The New Yorker’s Guide to Collaborative Divorce by Katherine Miller: https://www.amazon.com/New-Yorkers-Guide-Collaborative-Divorce/dp/0692496246

Email: [email protected]

Call (914) 738-7765