What is Mediation in a Family Law case?

Mediation is a settlement process that takes place with the assistance of a neutral third-party. A mediator can be an attorney who oversees the mediation process between two parties and uses his or her expertise in the area of family law to come up with a fair and equitable agreement. A mediator does not represent you or the other side. Both of you will likely contribute to the cost of the mediator, which can be financially beneficial instead of both sides paying their attorneys to negotiate a settlement. Mediation is a good tool since it allows the parties to discuss the problems together and reach a solution. Statistics show that settlement agreements achieved by the parties have a better chance of working long term. When you go into court and have the judge decide, you never know what will happen. Mediation allows both parties to have a say in their case. It does not get any better than that.

Who Should You Use for Private Mediation?

In Illinois family law and divorce cases, there are no strict rules on who can act as a mediator. While any trusted third party can mediate, it's crucial to choose someone familiar with family law. A mediator without family law knowledge might guide you toward a settlement that could later be rejected by the court. To avoid this, selecting a mediator who understands family law statutes is highly recommended. Your attorney is often experienced in mediation and can help you avoid the need for court intervention. Approach mediation with a sense of fairness rather than an adversarial mindset, and you might be surprised by how much can be resolved outside of court.

Should I Seek Private Mediation or Use the Family Court's Mediator?

Both options offer benefits depending on your situation: Family Court Mediator: This service is typically free, which can be a significant advantage. However, court mediators focus solely on child-related issues and often have long wait times before sessions begin. Private Mediator: While there’s a cost involved (often split between both parties), private mediators handle both financial and child-related issues. Choosing a mediator who specializes in family law ensures they can guide you through realistic expectations and what a judge might order. Additionally, private mediators are usually more flexible, offering faster scheduling and the ability to conduct sessions via Zoom for remote parties.

Are There Benefits to Using a Private Mediator?

Yes, private mediation offers several additional benefits: Ongoing Relationship: If future disputes arise, you can return to the same mediator who already knows your case, avoiding the need to explain everything to someone new. Control Over the Outcome: Mediation allows both parties to have more input in the resolution, as opposed to leaving decisions entirely up to a judge. Efficiency and Cost Savings: Mediation often resolves cases faster than litigation, saving you both time and money. If you're unsure whether private mediation or court mediation is best for your case, consult with an experienced family law attorney to discuss your options. Starting mediation early in the process often leads to better, more cost-effective outcomes.

Anderson Boback & Marshall

Pros and Cons of Private Mediation

Posted By Kimberly Anderson

Published March 6, 2021

Categorized as Mediation

After the filing of a Petition for Dissolution of Marriage or the filing of a motion related to parenting issues, most counties in Illinois require that the parties attend mediation. You can elect to choose the court’s mediation system or engage in private mediation. The court’s mediation system is provided free of charge but may

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Pros and Cons of Private Mediation

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