What’s Mediation?

Mediation is a process when at least two parties come together to negotiate their own outcome, and I serve as a neutral facilitator assisting them in communicating and negotiating while they work toward a mutual resolution.  The goal of mediation is to find an acceptable resolution that the parties create.  Mediation is particularly beneficial to families seeking resolution in the divorce process.  There are several benefits to mediating a divorce.  First, divorcing parties are more committed to an agreement they create.  The parties control the outcome and the content of the agreement.  Second, a mediated divorce is usually significantly cheaper, quicker, and more amicable than a litigated divorce.  Finally, the most beneficial aspect of mediation is that the process promotes a working/amicable relationship between the divorcing parties allowing the children to avoid the adversarial parental relationship and damage that divorce often creates.

Once issues have been agreed upon, an Agreement is submitted and adopted by the Court.

Mediation works effectively because the parties are positioned so that they can directly hear each other and one another’s concerns, and with the assistance of the mediator, the parties are able to accommodate each other’s concerns without necessarily compromising their own interests.

I have been a Court Approved Divorce and Family Mediator with the Family Court in Kane County since 2002.

 

 

What Mediation Services are Available?

• Divorce
• Post-Divorce Judgment Modifications
• Legal Separation
• Parenting Time and Decision Making Authority Allocation (Parenting Plans)
• Child Support
• Spousal Maintenance
• Asset Division (e.g. bank accounts, automobiles, real estate, retirement plans, investments
• Debt Allocation (e.g. credit cards, taxes, loans)

 

Why Choose Mediation?

• Settlement discussions are private and confidential in a comfortable and informal setting.
• The parties maintain control over their individual and family’s future without strangers such as judges or lawyers to make important life decisions for them.
• Mediated disputes/divorce are usually significantly cheaper, quicker, and more amicable than litigated disputes/divorce.
• Less stressful since mediation gives individuals the freedom and opportunity to communicate constructively and formulate focused, respectful and creative solutions.
• Divorcing parties are more committed to an agreement they create since they control the outcome and content of the agreement.
• Mediation process promotes a working/amicable relationship between the divorcing parties allowing the children to avoid the adversarial parental relationship and damage that divorce often creates.
• Court approved. An agreement reached between the parties will be court approved and enforceable.
• More efficient and expeditious.

 

 

Why Not Litigation?

Litigation is time consuming, emotionally draining, expensive, and unpredictable. With litigation, you are never certain of your outcome until a judge or jury decides who is right and who is wrong.

Mediation has become a more popular method to remedy some of the shortcomings of litigation. Divorce Mediation is now frequently Court ordered prior to the Court hearing a litigated divorce. Mediation is less expensive, more confidential, and highly effective in resolving conflicts peacefully than litigious court battles.

 

Who Should Not Mediate?

• Domestic Violence

In cases where there is a history of domestic violence and/or abuse, the parties will generally not be able to express themselves and speak freely to further the mediation process.

• Concealment of Assets

Mediation is a process which requires a full and fair disclosure of assets and liabilities, as well as an exchange of information with ease. To make good agreements, parties need adequate and accurate information. If a spouse is hiding assets or a spouse believes that the other is hiding assets, then the process of mediation will be hampered by the distrust and suspicion.

• Unequal Bargaining Positions

Cases where one party lacks the sophistication regarding financial matters and is in a greatly disadvantaged bargaining position.

• Emotional Intimidation

In cases where one person feels intimidated or dominated by the other, he/she will not be able to sit in the same room with his/her spouse and speak freely to express thoughts and negotiate.

How Long Does Mediation Take?

Mediations can be concluded in one day or over a period of several weeks or months. The length of the mediation process depends on:

• Complexity of the matter and issues to be resolved.
• Emotional state of the parties.
• Availability of necessary information.
• Amount of information to be gathered and/or analyzed.