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 CoveredBarry’s role in bringing collaborative divorce to New YorkThe advantages of collaborative law over mediationHow the collaborative process differs from traditional litigationThe shift in thinking from win/lose to solving a common problemThe exorbitant legal fees associated with a litigious divorceThe unpredictable interpretation of equitable distributionHow to address mistrust in the collaborative process‘Let the documents decide’Experts to verify numbersWhy litigation provides a false sense of protectionHow the collaborative process facilitates opennessThe collaborative lawyer’s role in modeling cooperationThe non-lawyers who support the collaborative processChild specialist, parent coordinatorFinance professionalsConnect with Barry BerkmanBarry’s Website: www.berkbot.comPhone 212-867-9123ResourcesStu Webb on Divorce Dialogues: https://player.fm/series/dialogue-on-divorce/dialogue-on-divorce-with-stu-webb-the-founder-of-collaborative-lawHon. 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-courtConnect with Katherine MillerThe Center for Understanding Conflict: http://understandinginconflict.org/Miller Law Group: https://westchesterfamilylaw.com/Katherine on LinkedIn: linkedin.com/in/kemiller1The New Yorker’s Guide to Collaborative Divorce by Katherine Miller: https://www.amazon.com/New-Yorkers-Guide-Collaborative-Divorce/dp/0692496246Email: [email protected]Call (914) 738-7765