Divorce Corp:The Movie/Martin Rosenfeld, JD

Posted on January 14, 2014

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The documentary on divorce  “Divorce Corp” with narration by Dr. Drew Pinsky has arrived. With the release of the documentary comes the print reviews. Here are some journalistic tidbits:

In a piece for FoxNews.Com,Hollie McKay quotes a legal expert, Wendy Feldman, who states that while most divorce disputes can be mediated, this is rarely ordered. The fault says Ms. Feldman, lies with the lawyers, and not with the courts. Actually it is not the attorneys who need to decide whether a case should be mediated. By the time attorneys are selected, the case is usually on a non-mediation trajectory. The lack of mediation is clearly the fault of the parties. If you want to mediate do not choose battle-ardened litigators to represent you. Save time, money, and dignity by by-passing the litigation route. Once you choose that route, the fault lies with the parties and no one else.

Meredith Engel, writing for the Metro newspaper, cites the attorney who says that the single reason for divorce is marriage. To that, Dr. Drew Pinsky correctly states that this attitude is “cynicism I am trying to undo.” The parting piece of advice by Dr. Drew is to ensure that “You’re not gonna allow the attorneys to push you into battle.” Again, the parties need to take responsibility for their actions and their choices. The first choice they need to make is whether to litigate or mediate. It is rare that litigation makes for a sound choice.

In yet another review, written by Holly Otterbein for Newsworks.org, an attorney who deals with family law, Brian Schwartz, is quoted as attributing high fees to clients who are seeking revenge. My proposal to counter that is the refrain of going for Win-Win. Mediation offers a model that cannot be surpassed. It is well worth the effort.

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