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As experienced mediators, we mediate all types of matters, including
workers' compensation, civil litigation, and family law. In the
legal profession, we are often requested by other attorneys to act
as mediator or arbitrator on several different types of cases. We
practice in both negotiation and advocacy on behalf of clients in
mediation, arbitration, or other alternatives to litigation or trial.
Our attorneys assist clients with understanding and resolving the
difficult issues involved in divorce, child and spousal support,
custody and visitation, adoption, paternity, pre-marital agreements,
separation, and juvenile matters. We encourage negotiation, mediation,
and alternate dispute resolution to enable our clients to actively
participate in the resolution of these issues.
- Divorce
- Legal Separation
- Prenuptial Agreements
- Break up of Cohabitating Relationship or
Common Law Marriages
- Modification of existing Court Orders
- Remarriage: What to think about
Under this method, the parties each have their own specially trained
lawyer. Kimberly Stamatelos has been trained in collaborative law
and is a member of the International
Academy of Collaborative Professionals.
In a collaborative divorce, he parties and attorneys agree in a
contract, that they will not go to court but will negotiate the
settlement of their divorce instead. If the negotiation breaks down,
the parties must dismiss the collaborative lawyers and hire litigation
attorneys. Most of the collaborative divorce is done in the same
room with the parties and the lawyers working respectfully and cooperatively.
Sometimes additional professionals (financial specialists, child
specialists, divorce coaches) also participate. The design is to
view the family as a whole, in a way that “dismantles”
the marriage and launches everyone in a way that is financially
and emotionally healthy for the future. Communication and information
sharing is paramount and creative shared solutions are established.
Costs for collaborative divorce are often less expensive than litigation.
The timetable is established by the parties with the assistance
of their attorneys, and the divorce is filed by BOTH parties when
the resolution has been developed. Much of the work is done in four
way face-to face meetings where everything is exchanged without
the need for costly legal maneuvers, and with respect given and
received. The goal of a collaborative divorce is to solve problems
jointly and calmly, and to avoid turning the control over the parties’
lives over to a court. A collaborative lawyer still provides legal
advice to the client, but they have made a commitment to work collaboratively
and to do everything to avoid a
courtroom battle.
Iowa
Academy of Collaborative Law
International
Academy of Collaborative Professionals
Parenting Coordinator. Kimberly Stamatelos is one of the
first attorneys in Iowa to be trained as a parenting coordinator
(PC). In this role, she helps co parents who are still in conflict
make decisions and learn skills in how to work together for the
best interest of their children. The PC can assist in the implementation
of the parenting plan and can help the parties understand the needs
of the child, so the child can thrive in a home without stress caused
by parents who are in high conflict.
Parties agree by COURT
ORDER or by contract to consult with the parenting coordinator
who has the authority to speak to the parties, the child(ren), counselors
and others familiar with the dispute. Then, depending on the scope
of the authority of the order or contract, the parenting coordinator
can make decisions so parties break impasse and move on with their
lives and with their parenting responsibilities.
Most issues heard by the parenting coordinator are not issues that
justify the cost and delay inherent in court proceedings. Yet, they
are issues which cause tension and stress to families. By having
the parenting coordinator available, parties can resolve disputes
and learn how to make decisions in parallel parenting.
FREQUENTLY ASKED QUESTIONS
1.Who needs a parenting coordinator? Parents who have conflict
and tension and cannot communicate, or cannot make decisions pertaining
to their children can benefit from a parenting coordinator. Parties
hire a parenting coordinator to:
a.de-escalate parental conflict to which the children are exposed;
b.focus on their child(ren)'s needs and best interests;
c.promote their child(ren)'s optimum adjustment;
d.resolve issues and disputes in a timely and cost efficient
manner without
litigation; and
e.benefit from the direction of a qualified professional chosen
to serve as the Parenting Coordinator.
2.How is a parenting coordinator hired? The court may order the
parties to use a parenting coordinator
or the parties may agree by contract to do so.
3.What types of issues does the parenting coordinator help resolve?
Examples of issues the parenting
coordinator may help resolve include:
 Dates, time, designated person, location,
and method of pick up and delivery;
Reorganization of school vacation
and/or holiday time resulting in increases/ decreases of one week
or less.
Modification of schedule by not more
than four nights per month including, but not
limited to, modifications when developmentally appropriate for
children under the
age of six.
Care providers for child(ren)
Child rearing disputes such as bedtime,
diet, clothing, homework, and discipline.
Scheduling disputes arising from afterschool,
enrichment, athletic, and other
activities.
After school and enrichment activities
Health care management
Participation of others in child's
time with each parent (significant others, relatives,
etc.)
- Resolving conflict over money owed between co parents for children’s
expenses
-Religious observances and education
-Haircuts, body piercings, tattoos
-Any other issues agreed to by the parties or the Court.
4. Can the parenting coordinator change custody? No, the parenting
coordinator may not make custody
changes.
5. Does the parenting coordinator make recommendations or temporary
decisions? The parenting
coordinator can make recommendations to the parties or the court,
or they may formally make
decisions or break impasse , if the parties or the court agree.
All powers of the parenting coordinator
are spelled out in the order or contract.
6. Who pays for the parenting coordinator? The parties typically
share in the cost of parenting
coordination however the PC can determine a different allocation
of fees if it is appropriate under the
circumstances of the family. A retainer from each party is required.
7. Is the PC the same as a Guardian ad Litem? No, the guardian
ad litem actually REPRESENTS the
child’s best interest in court. The PC helps the ENTIRE FAMILY
resolve conflict and implement healthy
parenting. Although trained as an attorney, the PC does not render
legal advice.
8. What if the parents disagree with the recommendations or decisions
of the parenting coordination?
The order or contract specifies the format for registering the disagreement
with the parenting
coordinator.
Guardian ad Litem
Guardian ad Litem: Many people are under the impression that when
a child reaches a certain age, they get to “pick” where
they will live in the event of a divorce. This is not the case in
Iowa. The child may have a voice in the matter, but they do not
make the decision. The judge may choose to consider the child’s
preference, but it is only one of the many factors considered.
Sometimes a Guardian ad Litem is appointed for the child. This
individual represents the best interests of the child, once they
are appointed by the court. When acting as guardian ad litem, the
attorneys in our office do some or all of the following, depending
on the order of the court:
-conduct in person interviews with the child, if the child’s
age is appropriate.
-conduct in person interviews with each parent, guardian or person
having custody of the child
-visit the home, residence or both home and residence of the
child and any prospective home or
residence of the child
-interview other appropriate third parties, including medical,
mental health, social or
educational service providers
-obtain firsthand knowledge of facts, circumstances and parties
-attend hearings in the matter in which the attorney is appointed
guardian ad litem
In many cases, we prepare a report and we can also testify at the
hearing. The basis of our testimony is
the best interest of the child.
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