Is Mediation Right for my Family?

Mediation is an alternative form of dispute resolution where a neutral third party assists in working through contested family law issues. Mediation allows for parties to attempt to work through the issues and have more control over the outcome of their divorce, rather than having a judge impose an outcome on them. Unlike a judge, a mediator does not have the authority to enforce decisions, and their role is not to take sides. In Cook County, mediation is required when there are parenting issues such as decision-making or time/residency before litigation ensues.  

If you are considering mediation, there are a few things to consider. First, it can be determined whether private or public mediation is necessary. Mediation can be done with the County for free, but it will take about 90 days to get started. Alternatively, you can mediate with a private attorney, such as Erin Wilson, on an expedited basis. The other benefits to private mediation are that you can discuss financial issues and you may have your lawyers present, if you wish. However, private mediation will require payment by one or both parties. The time a mediation process takes is based on how much information must be exchanged, how many people will participate in the process, and how many issues there are to mediate as well as the level of cooperation.

Mediation may not be what is right for your case. If domestic violence is an aspect of your case, then it is likely mediation should not be utilized. An intimidating or abusive partner may shift the balance of power in mediation and lead to an unjust agreement to be formed that is not what is best for both parties.  Additionally, if there are no contested issues in the case, mediation is unnecessary as this may be an uncontested case that a lawyer can assist in preparing paperwork for a full and swift resolution.

The Law Office of Erin M. Wilson provides mediation services to help clients reach a fair and amicable settlement, as quickly and cost-efficiently as possible. There are three ways The Law Office of Erin M. Wilson LLC guides clients through this process: 1) counseling clients while they engage a neutral mediator, 2) acting as the mediator and then referring the parties to a lawyer(s) to draft and/or review the required court paperwork, or 3) drafting or reviewing the paperwork after a client has gone through the mediation process and have a full agreement. Erin works hard to ensure clients going through the mediation process feel protected in a confidential forum.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.