Cohen Joel M Atty

Joel M. Cohen is proud to be transplant to the Pensacola area. Raised in Staten Island, New York, he joined the U.S. Air Force after high school, attended City College, and Troy University, where he graduated on Dean's List in 1970. Three more years of study provided his Juris Doctorate Degree from Cumberland School of Law at Samford University, Dean's List 1973.

Practicing law in Northwest Florida provided Mr. Cohen with valuable and professional experience as well as development of intrapersonal skills that would provide his clients and family law litigants with his unique perspectives.

Certified Family Law Mediator

Certified by the Florida Supreme Court as a Family Law Mediator in 1999 and again in 2008, Mr. Cohen takes pride in suggesting practical solution to thorny family law issues.

WHAT IS MEDIATION?

Family mediation is a procedure designed to assist people who are separating, divorcing or dealing with matters arising after divorce. This procedure is intended to allow the parties to reach an agreement between themselves - privately, quickly, and inexpensively.

Mediation is for people who want to settle family disputes without destroying whatever is left of their fragile relationships. This may result in a settlement without extensive court proceedings. A neutral and impartial third party, called a mediator, will use his skills to assist you in making decisions by clarifying issues, helping exploring alternative solutions, and suggesting possible compromises.

Issued mediated may include custody, visitation and child support, alimony or spousal support, and division of assets and liabilities.

GOALS OF MEDIATION

• To help you reach your own acceptable agreement by fully exploring all choices.
• To avoid a court-imposed decision
• To anticipate, and resolve issues that might arise in the future
• To reduce anxiety, expense and the negative effects of going to court.

ADVANTAGES OF MEDIATION

• Provides an opportunity for cooperation between the parties
• Provides the parties with the tools to structure an agreement in their, and their children's best interests.
• Minimizes the potentially traumatic emotional and psychological effects of the adversarial process.
• Helps with the exchange of information, ideas and alternatives for settlement
• Provides the opportunity for a resolution which is less costly and time-consuming than a court trial.
• Results in an agreement with which the parties are more likely to comply.

HOW MEDIATION WORKS

The mediation process begins with either a couty order or request by the parties. Usually the court requires the parties to use mediation to settle issues before a trial can be set. The court may not order parties to mediation if there is significant history of domestic violence that would affect the mediation process.

The mediator, as a neutral and objective participant, plays an active role in the mediation process by assisting individuals affected by the outcome and their attorneys in reaching a settlement.

The mediator's purpose is to help identify issues, develop bargaining proposals, and conduct negotiations with the goal of coming to a settlement that meets the family's needs. The mediatory clarifies and organizes details, prompts discussion and cooperative communications, and manages conflict.

The parties do not have to reach an agreement on all issues. They may settle some issues and submit others to the court for resolution.

The mediator DOES NOT make any decisions for the parties but helps with the parties own decision-making processes. After agreement has been reached, the mediator will draft a memorandum of understanding to be reviewed and approved by the parties and their attorneys.

THE ROLE OF ATTORNEYS

Mediation does not replace an attorney experienced in the area of marital and family law for each party. Each party is urged to seek independent legal counsel because, although some mediators are attorneys, the mediator is not allowed to give legal advice.

The mediator's role is neutral and not a substitute for independent legal advice. The mediator does not represent either party, but focuses on helping the parties reach their own agreement. While the decisions reached in mediation are made by the parties, it is important that they be informed decisions.

Attorneys should attend mediation sessions so that the parties may consult them during the mediation process. If both parties are aware of  their respective legal rights and have been fully informed by their own attorneys, the mediation process can be much more beneficial.

Upon successful completion of the mediation, the mediator will prepare a written agreement. If necessary, the attorneys will draft a settlement agreement from the terms of the memorandum, for filing with the court. If the mediation does not result in settlement, we will file a notice with the court and you may either settle your case afterwards or have it decided by the Court.

COSTS OF MEDIATION

Our fee is based upon time spent in the mediation. Usually the parties share in these costs when mediation is court ordered, the fee and person responsible for payment may be set by the court. Mediation frequently is less expensive, both financially and emotionally, than traditional litigation.

CHOOSING A MEDIATOR

In choosing a mediator, as with any professional, the individuals should select an experienced practioner who they can trust and establish a good working relationship. Mediators are professionals who have gone through intensive, specialized training in the area of family mediation. You should be certain that the mediator you choose has been certified as a Family Law Mediator.

Bankruptcy

Bankruptcy is the section of federal law that allows persons in extreme amounts of debt to get a "fresh start" by reducing the amount of debt required to be paid as well as extending the time period in which it must be paid.  The bankruptcy laws are popularly referred to by their chapter number which corresponds to the relevant chapter of the Bankruptcy Code. There are five different chapters debtors may file under, three of which are for individuals: Chapter 7 Liquidation, Chapter 11 Reorganization, and Chapter 13 Reorganization.

New Bankruptcy Laws Will Affect Consumer Filings

The Bankruptcy Abuse Prevention & Consumer Protection Act required debtors to pass more stringent guidelines to determine whether they can have their debts liquidated through Chapter 7, or whether they must enter a repayment plan through Chapter 13. Because the new laws make it more difficult for consumers to file for bankruptcy, consumers should consult with a qualified Bankruptcy Attorney, to make sure they file the necessary forms to discharge debt.

How Will the New Bankruptcy Laws Affect Me?

There are many ways in which the new bankruptcy laws will affect debtors:

• A strict financial test is now required that will prohibit many debtors from filing a liquidation bankruptcy under Chapter 7;
• Debtors must now receive a briefing from an approved credit counseling agency before they can file their bankruptcy case;
• Debtors must take an approved class on debt management techniques before they receive their bankruptcy discharge;
• A provision now makes it easier for a court to dismiss a bankruptcy case outright or to convert a Chapter 7 case to a Chapter 13 case; and

How do Bankruptcy Attorneys Solve Credit Problems?

Bankruptcy attorneys handle all aspects of bankruptcy law and provide legal methods for an individual or commercial enterprise/business to either wipe out debts by liquidating assets and distributing them among creditors or resolve them by developing a court-approved reorganization plan, or other plan involving the repayment of creditors over time.

Bankruptcy attorneys explain the primary purposes and applications of bankruptcy laws and how they function to relieve individuals and businesses from indebtedness and provide a fresh financial start. Title 11 of the United States Code (the bankruptcy code) regulates the bankruptcy proceedings, including what chapter and under which a debtor may file, what bills can be eliminated, how long payments may be extended, what possessions can be kept, and all other details concerning the bankruptcy.

Bankruptcy Proceedings

Bankruptcy attorneys practice two basic types of bankruptcy proceedings: liquidation under Chapter 7, and debtor rehabilitation involving a court-approved plan or reorganization and payment of debts over a period of time using future earnings under Chapter 13.

The following provides general information in the five chapters of bankruptcy under which a debtor may possibly file:

Chapter 7:

Informally called "straight bankruptcy", Chapter 7 is a liquidation bankruptcy proceeding. The debtor turns over all non-exempt property (assets) to the bankruptcy trustee who then converts it to cash for distribution among the creditors. At the end of the proceeding the debtor receives a discharge of indebtedness (discharge notice) for all dischargeable debts, releasing him or her from personal liability for those debts.

Chapter 13:

Also known as "Adjustment of Debts of an Individual with Regular Annual Income," Chapter 13 provides debt relief for individuals or consumers. Chapter 13 differs from Chapter 7 in the respect that it enables the debtor to keep valuable assets, like a house, while making payments to creditors (through the trustee) based on the debtor's anticipated income over the life of the plan, usually three to five years. At a confirmation hearing, the court either  approves or disapproves the plan, depending on whether the plan meets the Bankruptcy Code's requirements for confirmation.

Should I Hire a Bankruptcy Attorney?

If you are a consumer facing foreclosure, lawsuits, liens, repossession or wage garnishment, an experienced Bankruptcy Attorney can find the best option to help eliminate your debt.