Document Actions
|
|
2883 Executive Park Drive, Suite 103A
Weston,
Florida
33331
Phone: 954-349-7988
Fax: 954-349-8088
|
Lori Barkus
Lori Barkus graduated with honors from the University of Miami with a Bachelor of Arts in Sociology and Political Science. Ms. Barkus is a cum laude graduate of the University of Miami School of Law. While in law school, she was a member of the Business Law Review and served as the Executive Vice President for the University of Miami Moot Court Board. Lori Barkus is the former law clerk for The Honorable Sam I. Silver of the Miami-Dade County Circuit Court, Eleventh Judicial Circuit of Florida. Ms. Barkus also clerked for General Master Robert Jones of the Family Division of the Miami-Dade County Circuit Court. Ms. Barkus has received additional training in the areas of mediation and domestic violence. She is admitted to practice in Florida and the District of Columbia, in addition to the Southern and Middle Districts of Florida and the Eleventh Judicial Circuit Court of Appeals. Admission to the Georgia Bar is currently pending. She is also a Certified Circuit Court Mediator and has completed training as a Family Law Mediator.
During her first two years of practice, Lori Barkus handled primarily Family Law and Commercial Litigation matters. Over the past 5 years, she has litigated over 200 matters in Federal court, including several appeals to the Eleventh Circuit Court in Atlanta, Georgia and has represented Plaintiffs in several nationwide class action matters. While working with the Legal Aid Society of Dade County, Ms. Barkus handled hundreds of divorces, custody disputes, mediations and enforcement proceedings.
Lori Barkus, P.A. provides a wide range of divorce and mediation services and handles matters involving dissolution of marriage, child support and enforcement, child custody, paternity and adoption matters. Ms. Barkus handles collaborative as well as contested and uncontested divorce matters. As a result of her vast and diverse experience in representing divorce clients, Ms. Barkus recognizes that each case is unique and requires individual attention. Ms. Barkus personally handles all communications with her clients and makes every effort to respond to client questions and concerns as quickly as possible, usually no more than a couple of hours after being contacted. As a mediator and practitioner of collaborative divorce, Ms. Barkus recognizes that a prompt resolution to divorce matters is in the best interest of all parties and that it is the duty of a lawyer not to cause a delay in the proceedings or increase any animosity that may exist. Ms. Barkus also recognizes the difficulties many working individuals face in having to pay the high cost of litigating a divorce action and offers reasonable rates and flexible options for representation in all or part of a divorce proceeding. With these goals in mind, Lori Barkus, PA provides efficient, empathetic and cost-effective personal service to its clients.
Memberships and Organizations
- Florida Bar- Family Law Section
- District of Columbia Bar
- Florida Academy of Professional Mediators
- Dade County Bar Association Family Law Committee, Federal Court Committee
- Broward County Bar Association Alternative Dispute Resolution and Family Law Sections
- Palm Beach County Bar Association
- Westin Chamber of Commerce
- Miami-Dade County Easter Seals
- Hands on Miami
Mediation
Circuit Civil Mediation - Lori Barkus is certified by the Florida Supreme Court to mediate circuit civil and county court matters
Family Law Mediation - Lori Barkus is also a Family Law Mediation and has completed the family law mediation program.
Mediation services available in Dade, Broward and Palm Beach counties. Mediation is also available for private disputes where a lawsuit has not yet been filed or in cases where the parties plan to divorce and have not yet filed the Petition for Dissolution. The firm has office in Miami-Dade and Broward counties and does not charge for travel time within one hour of these locations.
Mediation is a process by which two parties present their dispute to a neutral third party, the mediator. The mediator is not a judge and cannot make any decisions for the parties, but can assist the parties in resolving their dispute.
Mediation has become an increasingly popular method of cost-effective dispute resolution. Often, parties lack the resources or the desire to expend the amounts necessary for litigation. By participating in mediation, the parties can work towards an agreement and save time and money which would otherwise be spent litigating their claims.
Mediation as an alternative to litigation:There are instances where parties find themselves in the midst of a dispute but lack the financial resources or the desire to take their claims to court. Mediation is a cost-effective alternative to litigation and can help bring about an amicable resolution to a dispute. Parties can agree to participate in mediation before filing a lawsuit and can attempt to work towards agreement, saving themselves valuable time and money.
Important Aspects of Mediation
Courts will often refer parties to mediation in the hopes that a case can settle without the time and expense of trial. Parties also have the option of agreeing to attend mediation, either before or after a lawsuit has been filed. In deciding whether a case should be mediated, it is important to note the following aspects of mediation:
Voluntary - Mediation is voluntary. Although a court may order parties to attend mediation, you can end the process at any time for any reason, or no reason. If you are thinking of leaving, you are encouraged you to speak up and let the mediator know why. The reasons that you are thinking of leaving can become conditions for your continued participation. For example, if you are thinking of leaving because you do not feel heard, presumably you would continue in mediation if you felt heard.
Collaborative - Mediation is a collaborative rather than an adversarial process. You are encouraged to work together to solve your problem(s) and to reach what you perceive to be your fairest and most constructive agreement.
Controlled - Mediation allows the parties to have control over their case. You have complete decision-making power. Each of you has a veto over each and every provision of any mediated agreement. Nothing can be imposed on you. A mediator cannot force either party to enter into an agreement and cannot order either party to do anything.
Confidential - Mediation is confidential, to the extent you desire, be that by statute, contract, rules of evidence or privilege. Mediation discussions and all materials developed for a mediation are not admissible in any subsequent court or contested proceedings, except for a finalized and signed mediated agreement for enforcement purposes.
Informed - The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Individual or mutual experts can be retained. Obtained expert information can be designated as either confidential to the mediation or, if you desire, as admissible in any subsequent contested proceeding. Expert advice is never determinative in mediation. You, as parties, always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing. Whether legal advice is sought is, ultimately, a decision of each participant.
Impartial, Neutral, Balanced and Safe - The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation. If you ever feel that the mediator is favoring one party over another, or any particular result over another, or if you should ever feel intimidated or otherwise unsafe in mediation, speak up. The mediation should not continue unless you come to be satisfied in all of these regards.
Self-Responsible and Satisfying - Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be elevated through mediation.
Collaborative Divorce
Collaborative divorce is a relatively new option for parties who want to work through the divorce process without litigation. Each party is represented by counsel and enters into an agreement not to litigate. Instead, the parties hold a series of informal meetings and conferences, exchange discovery and try to negotiate a settlement agreement. Collaborative divorce allows the parties to minimize expenses and allows those with children to begin working on their co-parenting relationship. The process can be less expensive, less time consuming and less adversarial than a traditional divorce proceeding. Money saved in the collaborative divorce proceeding can be used by the parties to engage to financial and emotional support necessary during this process.
The process:
Each party selects a lawyer to represent them in the collaborative divorce proceeding. The parties and their lawyers sign a collaborative representation agreement. The parties exchange financial and other information, and participate in negotiations and meetings designed to work out the issues they would otherwise have to bring to court. No motions are filed or argued in court while the collaborative divorce is pending, nor do the parties engage in formal "discovery." There are no depositions, discovery motions or hearings during this process. Instead, the parties and their lawyers meet in a non-adversarial and confidential setting.
The parties are encouraged, but not forced, to settle. If the parties cannot agree to some or all of the issues, their lawyers will withdraw and the parties can retain lawyers to represent them in further proceedings.
The difference between collaborative divorce and mediation:
Collaborative divorce is a middle ground approach between mediation and full adversarial litigation. In mediation, the parties meet with a neutral party who works with the parties in solving their disputes. The parties are their own advocates while often using the services of consulting attorneys outside the mediation sessions. The mediator cannot give advice or assist either of the parties in advocating their position. While a mediator can assist the parties in reducing their agreement to writing, the mediator cannot prepare an agreement for the parties and cannot appear in court on behalf of either or both of the parties. In the collaborative divorce proceeding, each party is fully and individually represented throughout the process. Parties who might not be as skilled in negotiating or in understanding financial or legal nuances can feel secure that their lawyer is protecting their interests. Because the collaborative process provides the parties with added support, it may be a more comfortable option for many clients. Collaborative attorneys can also prepare all necessary paperwork for their clients.
Please email us or visit our website for additional information.
Articles by Lori Barkus, P.A.:
