Law Offices of Kenneth F Rempell
Family Focused Divorce Solutions
Your trusted strategic advisor to help set and reach your divorce goals.
Our legal team has years of experience helping couples as they navigate the financial decisions of their divorce based on goals.
Divorce and Your Children
We know you want to protect your children through the divorce and help them have a successful transition to the new family structure.
We believe that the divorcing spouses should make all decisions about the divorce and how the family will move forward.
A divorce is a time of great transition for your family; it should not be adversarial. Ken Rempell’s commitment is to support and guide you through the emotional, financial, and legal aspects of transitioning to the future. Ken strongly believes you should avoid the harsh reality of litigation where the courts and/or family law attorneys structure the terms of your divorce. He is steadfast in his belief that amicable negotiations create a safe space for difficult conversations, creative solutions, and successful negotiations. This permits clients to navigate their divorce by focusing on their future, as well as the future of the entire family. An amicable negotiation process empowers you to make the best decisions for you and your family.
“The entire legal profession… has become so mesmerized with the stimulation of the courtroom contest, that we tend to forget that we ought
to be healers of conflict… trial by adversarial contest must in time go the way of the ancient trial by battle and blood… our system has become
too costly, too painful, too destructive, too inefficient for truly civilized people.”
— Chief Justice Warren Burger, excerpt from the 1984 “The State of Justice” speech
- Divorce Mediation
- Collaborative Divorce
- Post-Judgment Modification
- High Net-Worth Matters
- Custody/Parenting Time
- Division of Assets and Liabilities
- Alimony/Spousal Support
- Prenuptial Agreements
- Separation Agreements
- Domestic Violence
We protect your family
We ensure your family, rights, children and future are protected while working in a peaceful atmosphere
Our goal is to minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation to the participants and their families.
The most important thing is to prioritize peace and cooperation. Divorce can be a challenging and emotional time. Still, achieving a positive outcome with the right approach is possible.
Whether you choose collaborative law, mediation, or cooperative negotiation, the key is to work together to find a solution that works for everyone involved, minimize stress and expenses, preserve relationships, and create a brighter future.
Your Divorce Options
The first step, and possibly the most important, is for you and your spouse to determine how you will divorce. Your process options are straightforward, either litigate or select a negotiation process. At one end of the “negotiation spectrum” is where you and your spouse sit at the kitchen table and negotiate. At the other end is negotiating as adversaries in the shadow of litigation. In between these two poles is the process sweet spot for most cases, what Ken refers to as “amicable negotiation” – Mediation, Collaborative Divorce, and Cooperative Negotiation.
What you and your spouse want as individuals and as a family when children are involved is an effective, efficient, fair, and respectful negotiation process. An effective process seeks to achieve the goals you identified, for yourself and the children, as well as those of your spouse. With a win/win mentality, you both walk steadily into your post-divorce life. We also strive to make the process efficient in terms of time and costs.
Mediation is a process in which a neutral third-party mediator helps the parties to reach a mutually acceptable agreement. The mediator does not provide legal advice or make decisions for the parties but instead works to facilitate communication and negotiation between them. This approach can be very effective when the parties have a good working relationship and are willing to compromise.
Many consultations begin with the client believing legal representation is not necessary. This is often motivated by the expense of an attorney and avoiding the risk that their lawyer would intensify the conflict between the parties. But, mediation does not eliminate the need for lawyers. At the very least, the parties in divorce mediation are usually encouraged to get the advice of counsel before signing their divorce agreement. The cost associated with relegating lawyers to the sidelines can be substantial, substantively, and financially. Real-time legal advice, particularly in family law, is crucial because of the numerous issues and the potential for emotional “interference”.
Collaborative Law offers the parties, counsel, and neutral professionals, the opportunity to create a safe place for difficult conversations. To address the emotional, financial, and legal aspects of the conflict efficiently and effectively, in addition to collaboratively trained lawyers, the practice of collaborative family law often involves mental health professionals as neutral coaches and neutral financial specialists. Each party has a lawyer who functions as an advisor, negotiation strategist, educator, and advocate. The collaborative law process often used by divorcing couples can also be used for pre- and post-nuptial agreements and the resolution of post-divorce issues.
The parties sign a written agreement, the participation agreement (“PA”), committing to the negotiation of a mutually acceptable agreement without going to court. If either party chooses to go to court, the collaborative professionals must withdraw from the matter. The import of the disqualification clause is that it encourages the parties to emphasize open communication instead of gathering evidence, it assists clients in concentrating on the future rather than the past and transforms the focus of negotiation for both clients and the professionals by removing court as a constant backdrop.
The PA also establishes the protocols for the process, which include open communication, voluntary information sharing, a shared commitment to proceed honestly and respectfully, and the goal of meeting the needs of both parties and the children.
The cooperative PA is a legally enforceable contract expressing the parties’ intentions to resolve their conflict amicably using cooperative negotiation techniques.
It is hardly surprising that many clients have posed the following question to their collaboratively trained lawyers: “Why is it that we cannot agree to collaborate without agreeing to fire our lawyers?” This is a fair question. Of the many positive consequences of the disqualification clause, most significantly, it fully aligns the interest of the lawyer with those of the client – reaching a settlement. Nevertheless, it is understandable that clients may not be comfortable with the clause. A cooperative negotiation is an alternative process designed to foster an amicable negotiation focused on settlement.
Cooperative negotiation uses an agreement virtually identical to the collaborative participation agreement but without the provision requiring the withdrawal of counsel. The agreement preserves the voluntary sharing of information, respectful communications, maintaining the confidentiality of the negotiation process, the use of an interest-based, problem-solving style of negotiation, and other elements of the collaborative PA.
The Goal of Amicable Negotiations
One of the goals of an amicable negotiationis to eliminate the negative economic, social, and emotional consequences of litigation, for you and your family. Here are some critical pieces of information to consider:
- A prominent study revealed that the adversarial legal approach was thought to be “impersonal, intimidating, and intrusive” by 50% to 70% of those involved.
- 71% of parents reported that the court process escalated the conflict and distrust “to a further extreme.”
- Many families believe the traditional divorce process is too lengthy, costly, inefficient, and not sufficiently tailored to meet their needs.
- The adversarial approach will require mediation before you have your day in court. So you will be forced to mediate anyway, so we suggest you start there.
What you and your spouse want as individuals and as a family (especially when children are involved) is an effective, efficient, fair and respectful negotiation process. An effective process seeks to achieve the goals you identified, for yourself and the children, as well as those of your spouse. We have a win/win mentality, so you both walk securely into your post-divorce life. We also strive to make the process efficient, so you save time and money.
Think of it this way, you don’t have to fight through your divorce. Consider the start of the divorce process as the end of the battle in your marriage. You can establish a peaceful relationship using professionals to help you communicate and negotiate.
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