Mediation Lawyers - Joliet, IL
Mediation is a technique used to resolve differences by obtaining agreements with the aid of a neutral third party, a mediator. The mediator’s only goal is helping the parties to reach an agreement on one or all of the outstanding issues brought before them.
The benefit to mediation is that is that you and the other party can create a solution that works best for you and your family rather than having the Judge decide all issues.
“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the normal winner is often a real loser - in fees, expenses and waste of time.” Abraham Lincoln
NEUTRAL THIRD PARTY
Mediation is a technique to resolve differences by agreement with the aid of a neutral third party: a mediator. The mediator’s only goal is helping the parties to reach agreement on one or all of the outstanding issues brought before her. An attorney-mediator has training in both the legal practicalities as well as problem solving skills.
COST & TIME SAVINGS
A divorce or post-decree case can be the most expensive argument you have ever had. The monetary loss includes two sets of legal fees, lost income due to court appearances, and, in the case of a divorce, a division of marital property that had formerly felt like “yours”. The cost to your children can be exorbitant: loss of time with their parents and loss of family funds for their needs.
Mediation can save substantial time and money. In the best case scenario, three hours of mediation can save tens of thousands of dollars compared to a heated custody battle. Even when only partial agreement is reached in mediation, the savings are important.
LEARNING TO AGREE
As you can guess from “war stories” told by friends, a divorce does not end the interaction between you and your child’s other parent. Learning to compromise in parenting decisions is an important skill which you will need in the future years you will be co-parenting.
Your attorney-mediator is obligated to report certain information to appropriate agencies in the case of suspected abuse, neglect or imminent harm. Otherwise, your attorney-mediator is not allowed to communicate to the representing attorneys or the judge as to any matters discussed in the mediation process. At the end of the mediation, your attorney-mediator will report to your Judge only as to whether an agreement, either parental or whole, has been reached.
GOOD FAITH ATTEMPT TO REACH AGREEMENT
It is imperative you approach the mediation process with an open mind. The more you have decided there is only one “right” solution, the less likely you will recognize a different and better solution. To obtain the best benefit from the informal, confidential and neutral mediation sessions, each party must be prepare to meet in good faith with the intention to settle matters if possible.
The small buss-eye above represents the combined interests of the father, mother and children: a place where love for our children influences our decisions regarding the other parent. A common conflict arises when Dad needs time with the children and Mom needs time with the children but the children need to continue their soccer lessons and playtime with their friends. Mediation attempts to help parents create a plan that “win-win-wins” the best possible outcome for each parent and the children.
Your mediator will continually remind you that there are decisions to be made for your children that require each of you to lose something.
IMPEDIMENTS TO MEDIATION
A mediator is trained to intercept the subtle and/or overt ways in which one spouse has gained past control over the other spouse. In some cases, the mediator will decline to proceed with the process if he feels the power imbalance is detrimental to negotiations.
A similar problem arises where one spouse is incapable of cooperating as a result of his/her impaired abilities. That issue usually arises in the context of substance abuse. If the mediator feels a participant is impaired the mediator will decline to continue mediation. Our family law mediators can help you!