Not every legal decision has to be made by a judge in a courtroom. There are many instances where you can choose – or may be required – to work out a legal issue through mediation. This is the process of resolving disputes with a neutral third-party mediator. You get the opportunity to voice your opinion, listen to the other person’s thoughts and concerns, and then negotiate the right solution for you and your family.
Illinois Law Regarding Mediation
For family matters in Illinois, you are almost always entitled to try and work out your differences through mediation. However, the other party needs to agree to this as well. It is rarely a good idea to try and force the mediation process onto a spouse or your child’s other parent if he or she would rather sort out the issue in court. This could anger the other individual and cause discussions to fail.
There are also times when a judge feels mediation is more appropriate than making a decision for you and your family. If your family matter is within the Domestic Relations Division of the Cook County courts, then a judge can require you and the other party to go through mediation for child-related issues like parenting time and responsibilities, and for financial issues like dividing property, spousal maintenance, and child support.
5 Benefits of Mediation
Whether mediation was your first choice or not, you may derive a great deal of value from it. Many spouses and parents find mediation helps them get through their family matters with minimal contention. It can also be faster and less costly than arguing out every decision in court.
The benefits of mediation include but are not limited to:
- Voicing your opinion. One of the difficulties of going to court for family matters is that you do not get to speak up whenever you want. Hearings are structured and your attorney will do most of the talking. If you choose to go through mediation, you and the other party will have the chance to sit down and talk. You will be able to voice your thoughts and goals in your own words. This can help divorcing spouses and parents better understand and respect each other’s feelings and opinions. It can also help you get on the same page faster.
- Fewer heated arguments. One of the hardest parts of taking family issues to court is that it feels all too easy for disagreements to become contentious arguments. This increases the stress for everyone involved. Instead of preparing for a fight in court, you and your spouse or the other parent can agree to sit down in mediation and work it out. You each get your say and can avoid a drawn-out and heated debate.
- Customized and nuanced solutions. When you take your legal matter to court for a judge to resolve, you are going to get a straightforward decision based on Illinois’ law and common practice. In the court’s view, the decision may be what is most in line with the law and in your child’s best interests, but it will not be customized to your family’s situation. If you want an outcome that is truly based on each person’s circumstances, needs, and desires, then it is better to work out a solution between you and your spouse or child’s other parent with the help of your attorneys. Mediation gives you control and flexibility.
- Preparation for the future. If you and the other party work through your current issues in mediation, this lays the ground work for being able to resolve disagreements together in the future. This is particularly important if you have children together. By working through parenting time, parental responsibilities, and child support issues, you show yourselves and your kids you can do so again in the future when circumstances change.
- Fewer expenses. The mediation process is not inherently less expensive than traditional divorce or child-related proceedings. However, many individuals find they can work through their legal matter in mediation for less than it would cost to continuously return to court.
Contact my Office for Advice Today
If you are considering mediation for your family matter, or a judge has ordered you and the other party to go through mediation, call me today at (312) 621-5234. I am a Court Certified Mediator for financial issues through the Circuit Court of Cook County and can assist you with your family matter.
