What Are the Different Types of Mediation?

Alternative Dispute Resolution in Illinois

When going through a divorce, resolving child custody issues, or addressing other family law issues, determining how to resolve disputes and reach agreements that will preserve family relationships can be difficult. Litigating these issues in court is often the least preferable option, since it can be very expensive, it can cause a great deal of stress and other emotional issues, and cases may take months or years to resolve. However, resolving disputes through private negotiations may not necessarily be the best approach, especially if cooperation will be difficult. Fortunately, there is a third option: mediation.

There are two types of mediation that are often utilized in matters of family law. The first is court-ordered mediation, which typically involves parents involved in a dispute regarding child-related issues during a divorce or parentage action. The second type is voluntary or private mediation, where the couple contacts a third-party mediator directly to help develop a negotiated agreement. For those who may be considering mediation as they work to resolve family law disputes, understanding the options for using mediation to reach agreements will be important.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced attorneys understand the value of cooperation in a divorce or other matters involving your children. However, we also realize that working together in the midst of a divorce can be challenging. For some couples, mediation may provide a reasonable alternative to contentious courtroom litigation. In certain cases, mediation may even be ordered by the court to help facilitate an amicable resolution.

The Mediation Process

When a couple is ordered by a judge to use mediation to attempt to resolve their disputes, a mediator will be assigned to their case. Each party will usually have the chance to meet with the mediator on their own to discuss the case, raise any concerns they may have, and provide the mediator with an understanding of their goals and objectives. The parties will then sit down together with the mediator in one or more sessions where they will work to negotiate a settlement.

When an attorney provides mediation services, they will have knowledge of the laws that apply in a couple's case, and they can guide spouses or parents toward agreements that will be satisfactory to both parties. However, the mediator does not make any decisions about how issues will be handled. A couple will have complete control over the final decisions made, and once all issues have been resolved, they will be able to file their settlement in court.

Saving Time and Money

Even if mediation is not ordered by the court, it can still offer benefits to those who are able to put their differences aside in the interest of completing the legal process more efficiently. Mediation sessions are generally much more flexible than courtroom proceedings, and the parties can meet at their convenience. Those who utilize mediation are usually able to complete their proceedings faster and at a lower financial cost. Long-term studies also suggest that a negotiated agreement is often more stable than a judgment issued by the court, as both parties are more inclined to comply with an arrangement to which they directly contributed.

Contact Our Wheaton Family Law Mediation Lawyers

If you are considering a divorce and would like to learn more about the potential benefits of mediation, or if you have been ordered to attend mediation, we encourage you to contact our office. Call 630-665-7300 to schedule a confidential consultation at Mirabella, Kincaid, Frederick & Mirabella, LLC today. Our attorneys are proud to serve individuals and families in Wheaton, Naperville, Oak Brook, Downers Grove, and throughout DuPage County, as well as Kane County and Kendall County.