Mediation:

Divorce mediation is a voluntary process where divorcing couples work together with a trained mediator to negotiate and resolve their differences in a non-adversarial forum.

For many divorcing couples, mediation has become a viable alternative to the financial costs and emotional toll of traditional adversarial legal representation. Sensibly used, mediation provides the opportunity to find fair and realistic solutions to the economic and practical issues facing the family and also helps to heal the psychological rift.

Mediation is based on the premise that the people getting divorced are in the best position to make decisions that will have long-term personal and financial consequences on their lives.

Litigation:

In some situations, divorcing couples are unable to resolve matters through mediation or collaborative law or through negotiations. Such matters must be litigated. Although litigation is the costliest and often the least efficient way of proceeding, it is sometimes the only option.

In most cases, a lawsuit is preceded by negotiations between the attorneys. Sometimes those negotiations lead to a settlement short of going to court. If a lawsuit is started, pleadings are exchanged and the parties and attorneys meet their assigned judge. The judge will first determine if the parties are agreed as to grounds for divorce. If not, an immediate trial on “grounds” is ordered and the party seeking the divorce must prove his or her right at a trial. Once divorce is inevitable, three processes begin: (1) discovery, (2) evaluations and (3) temporary support and custodial matters.

Discovery is the exchange, usually after formal written requests, of financial records of all types. It can also involve some investigatory work where one party suspects that the other is not “coming clean.” Discovery also usually includes depositions, which are oral examinations under oath of each party and sometimes of third party witnesses. In heavily litigated cases, discovery can be lengthy and costly.

Where there are real properties, businesses, professional practices or other tangible or intangible assets that are considered relevant to the marriage, professional evaluators are often retained, at the parties’ expense, to do the necessary appraisals or valuations. In the case of contested custody matters, forensic psychological experts may be retained, also at the parties’ expense, to evaluate the family situation with an eye to a court decision on custody, visitation and other parental matters. In contested custody cases, a law guardian may also be appointed to represent the interests of the children in the lawsuit.

At the beginning of a litigation there are usually issues relating to the support of one spouse and/or children during the lawsuit. Such expenses as insurance, medical care, child care, school expenses, and the like also have to be addressed. In addition, parenting time with children during the lawsuit must be arranged.

All of the above matters, as well as other matters such as abusive behavior, contested occupancy of the marital residences, travel arrangements, and the like, can sometimes be resolved by negotiation. But many times they involve motions. Motions are applications on papers made to the judge assigned to the case and resolved, after the filing of papers and oral argument, by decisions issued by the judge. Needless to say, such motions take much attorney’s time and can be very costly.

Once discovery and evaluations are completed, if the case is not settled, it is set down for trial. Trial may take place before the judge assigned to the case or before a Special Referee to whom all or some of the contested financial issues may be assigned. Depending on the complexity of the issues, trial can take days or even weeks to complete. After trial, many judges require post-trial briefs by the parties’ attorneys in which they argue why the facts proven at trial should lead to a decision in favor of their respective clients. An appeal to the Appellate Division and, in rare cases, a further appeal to the State’s highest court, the Court of Appeals, is also available.

In litigation, the skill, experience and effectiveness of the attorneys is of paramount importance. The attorneys representing you should possess clarity of understanding and the ability clearly to educate clients. They should have a thorough knowledge of the law and of procedure and evidence. They should have facility with numbers and the ability to unravel complex financial issues. And they should be able authoritatively and convincingly to present your case to the court. The attorneys at Berkman Bottger & Rodd, LLP possess all of these skills and are all experienced and effective advocates. Their many years of practice in this field, and their individual talents have brought the firm and each of the attorneys a healthy measure of success and the respect of both the judiciary and professional peers.

Other Non-Litigation Options:

Uncontested Divorce

Many couples are able to resolve their differences without undue acrimony and without professional help. But the process of reducing their agreement to paper and the further step of obtaining a divorce based upon their agreement is more than they are able or willing to undertake. In such a case, the help of an attorney can be sufficient to achieve their goals. This can be an expeditious and cost-effective approach and Berkman Bottger & Rodd, LLP can prepare and file all paperwork necessary to obtain an uncontested divorce.

Advanced Negotiations

Where the expectations or desires of the respective parties are too far apart to effect an easy resolution, and where neither formal mediation nor collaborative law are desired, separate retention of attorneys to engage in negotiations may be called for. Such negotiations need not lead to court, but the attorneys are retained with that possibility in mind.

Key to a successful negotiation is that the parties understand fully the financial and other perhaps unforeseen consequences of suggested settlement options. The attorneys at Berkman Bottger & Rodd, LLP are knowledgeable in working with high value complex financial affairs and offer clear and common-sense advice to our clients.

If skillfully done, such negotiations can lead to highly satisfactory and constructive resolutions, thus enabling the respective parties to “get on with their lives” without serious damage to their relationship and with maximum mutual concern for the welfare of the children. Here, the skill and sensitivity of the attorneys are most important. Berkman Bottger & Rodd, LLP’s attorneys are experienced in successfully conducting such negotiations and in helping clients through difficult divorces and on to a new and better life.

Professional Profiles

Berkman Bottger & Rodd serves clients throughout New York City and surrounding areas--including Westchester and Nassau County. If you or a loved one is involved in a divorce, child custody or other family law case and you need the help of an experienced New York family attorney, contact Berkman Bottger & Rodd, LLP today at 866-786-4779, or complete the contact form provided on this site to schedule a consultation.  

FIRM ADDRESS:
Berkman Bottger & Rodd, LLP
521 5th Avenue, 31st Floor
New York, NY 10165
Phone: 866-786-4779
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Barry Berkman, Partner

EDUCATION:

• JD, Stanford University
• B.A., Harvard College
  

COURTS ADMITTED:

• New York Bar (1966)
• United States District Court, Southern and Eastern Districts of New York (1968)

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS:

Specializing in matrimonial law and mediation, BarryBerkman has served on the American Bar Association Task Force on Standards of Practice for Divorce Mediation and has been a member of the Matrimonial Committee of the Association of the Bar of the City of New York. He has served on the Board of Directors of the Family and Divorce Mediation Council of Greater New York. He has also been an arbitrator for the Civil Court in New York County, Small Claims Division, since 1979. Attorney Berkman has taught matrimonial law as an adjunct Professor at Benjamin N. Cardozo School of Law and teaches mediation at The Center for Mediation in Law. He is a co-founder of the New York Collaborative Law Group. He has made numerous CLE presentations on behalf of the New York, Westchester, and Nassau County Bar Associations, as well as the American Bar Association.

Walter F. Bottger, Partner

Before specializing in matrimonial law, Attorney Bottger practiced with Shearman & Sterling and with Reboul, MacMurray, Hewitt, Maynard & Kristol as a litigator. From the years of 1972 through 1977, he was with the New York State Special Prosecutor's Office.  Attorney Bottger has 15 years experience in matrimonial law, and has practiced in all trial and appellate courts in the New York Metropolitan Area.

EDUCATION:

• JD, Columbia Law School
• B.A. degree, Harvard College 
  

COURTS ADMITTED:

• New York Bar (1965)
• United States District Court, Southern and Eastern Districts of New York (1966)

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS:

Attorney Bottger is a member of the Association of the Bar of the City of New York and the Family Law Section of the New York State Bar Association.


Jacqueline Newman, Partner

New York Matrimonial Lawyer Jacqueline Newman has been with the firm of Berkman Bottger & Rodd, LLP, since 1998, specializing in family and matrimonial law. 

EDUCATION:

• J.D. from the Benjamin N. Cardozo School of Law

COURTS ADMITTED:

• New York and the New Jersey bars (1999)

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS:

Ms. Newman is a member of the Association of the Bar of the City of New York, the American Bar Association, the New York State Bar Association, the New York State Women's Bar Association, the Divorce Mediation Council of New York and the New York Collaborative Law Group.

Meredith B. Cagan, Associate Attorney

New York Lawyer Meredith B. Cagan has been with the firm of Berkman Bottger & Rodd, LLP since 2003. 

EDUCATION:

• J.D. Brooklyn Law School 
• B.A. from Tufts University 

COURTS ADMITTED:

• New York bar (2004)
• New Jersey bar (2003) 

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS:

Attorney Cagan is a member of the Association of the Bar of the City of New York and the New York State Bar Association.

Elizabeth Fox, Associate Attorney

EDUCATION:

• J.D. Fordham Law School
• B.A. Boston College

COURTS ADMITTED:

• New York Bar 2006

PROFESSIONAL MEMBERSHIPS/AFFILIATION:

• Bar of the City of New York, New York State Bar Association
  
  

Richard A. Abrams, Of Counsel

As a litigator, Attorney Abrams has tried dozens of matrimonial cases and has argued numerous appeals, both in the Appellate Division and in the Court of Appeals. He also acts as a mediator in matrimonial disputes.

EDUCATION:

• JD, New York University
• B.A., American University 

COURTS ADMITTED:

• United States District Court, Southern and Eastern Districts of New York (1971)
• New York Bar (1969)

PROFESSIONAL MEMBERSHIPS/AFFILIATION:

Focusing his practice on matrimonial law throughout his career, Attorney Abrams has been a fellow of the American Academy of Matrimonial Lawyers since 1985 and is a member of the New York Collaborative Law Group.

Fellowes M. Rodd, Of Counsel

EDUCATION:

• JD, Columbia Law School
• B.A., Harvard College 

COURTS ADMITTED:

• United States District Court, Southern and Eastern Districts of New York (1992)
• New York bar (1967)
  

FIRM PRACTICE AREAS:

• Mediation
• Collaborative Law Alternatives to Litigation
• Litigation
• Divorce
• Child Custody
• Child Support
• Spousal Maintenance (Alimony)
• Property and Debt Division  
• Prenuptial Agreements