Is Mediation Right For You?
Mediation is a dispute resolution process by which the parties agree to settle their disputes with the assistance of a neutral advisor. Mediation is a confidential, flexible and purely voluntary process, and either party can withdraw at any time.
The mediator does not have the power to dictate a settlement, but rather uses skills to facilitate a meaningful discussion and open and free exchange of information between the parties fostering negotiation in a neutral and stable environment. Rather than the divisive impact of an adversarial litigation process, a mediator assists the parties in moving away from polarizing positions and identifying the issues most important to their family in order to assist them in making decisions that work best for their family.
In divorce mediation, the parties will share financial information and, with the assistance of the mediator, develop both a plan for sharing assets and liabilities and a budget relating to ongoing support. When children are involved, the mediator will facilitate a discussion and settlement of issue relating to custody, parenting schedules and any other concerns relating to the children’s needs. The mediator identifies issues and fosters communication focusing on the needs and interests of the entire family while leaving the ultimate decision-making in the hands of the parties.
It Is A Strong Alternative To Costly Litigation
Mediation is a powerful alternative to litigation for parties looking for a cost effective and amicable divorce process. The main advantage of mediation is it allows the parties, and not a judge, to be in control of their own divorce. The parties craft their own settlement through an open and honest exchange of information and productive discussions focusing on addressing the unique issues pertaining to their family.
With the assistance of a trained mediator, the parties can incorporate creative solutions that work best for their family rather than follow a court-imposed judgment. Because the result is a mutually agreeable settlement achieved by the parties that is uniquely tailored to their family, the parties are much more likely to honor the agreement, thus reducing the chances of post-divorce litigation.
How Attorneys Are Involved
Either party has the option of retaining an attorney, but it is not necessary. Once an agreement is reached in mediation, at least one party needs to hire an attorney to prepare a Marital Settlement Agreement and finalize the divorce in court.
Hurst, Robin, Kay & Allen, LLC, offers mediation services by a family law attorney and trained mediator who is skilled in identifying the needs and interests of families going through the divorce process and fostering meaningful communication leading to positive and lasting agreements. We invite you to call us at 312-782-2400 or contact us online to learn more.
Navigating Family Law And The Advantages Of Mediation
Our Illinois mediation lawyer understands that family law matters can be emotionally challenging and legally complex. When facing divorce, child custody disputes, or other family-related legal issues, the prospect of litigation can be daunting. That’s where family law mediation comes in as a valuable alternative.
Fostering Communication And Cooperation
Mediation is an effective tool for fostering open communication and cooperation between parties involved in a family law dispute. Unlike traditional litigation, where each side is represented by an attorney advocating for their interests, mediation encourages direct dialogue. A skilled mediator facilitates conversations, allowing both parties to express their concerns and needs. This open dialogue often leads to creative and mutually acceptable solutions.
Mediation empowers individuals to take an active role in making decisions about their family’s future. Instead of relying on a judge to impose rulings, mediation allows the parties involved to craft their own agreements. This sense of control can be particularly valuable when it comes to matters like child custody, visitation schedules, and property division. Parties are more likely to adhere to agreements they had a hand in creating, reducing the likelihood of future disputes.
Privacy And Confidentiality
Family law disputes can involve sensitive and personal information. Mediation provides a confidential setting where discussions and negotiations remain private. Unlike courtroom proceedings, which are typically a matter of public record, mediation keeps your family matters out of the public eye. Your Illinois mediation lawyer knows that this privacy can be especially important when dealing with issues related to children or financial matters.
Litigation can be costly, both financially and emotionally. Legal fees, court costs, and the time commitment associated with litigation can quickly add up. Family law mediation offers a more cost-effective alternative. Since mediation typically requires fewer sessions and less formal legal representation, it can lead to significant cost savings. This can be especially beneficial for families seeking a more affordable and efficient resolution to their disputes.
Reduced Stress And Conflict
Divorce and family disputes are inherently stressful. Litigation can exacerbate this stress, pitting parties against each other in an adversarial process. Mediation, on the other hand, promotes cooperation and can reduce the emotional toll of family conflicts. It allows parties to focus on finding common ground and constructive solutions rather than escalating disagreements.
For families with children, maintaining amicable relationships between parents is often a top priority. Family law mediation prioritizes the preservation of relationships, particularly when it comes to co-parenting. By working together to find solutions, parents can set a positive example for their children and create a foundation for successful co-parenting in the future.
Choose Mediation With Our Team
If you are facing a family law dispute, consider the benefits of family law mediation. It offers a path to resolution that is cost-effective, private, and focused on preserving relationships. Contact Hurst, Robin & Kay, LLC, and let us help you navigate your family law matter with compassion and expertise. Choose mediation with us to find solutions that work for your family. Contact our Illinois mediation lawyer today for personalized and empathetic legal support.