Wednesday, March 27, 2013

Mediation


Mediation is a cooperative, problem-solving process that gives couples the opportunity to control the decisions that will affect their future. Mediation allows couples to deal with their separation or divorce outside of a courtroom setting, and usually is less costly- both financially and emotionally-than litigation. A mediator helps you identify the points on which you already agree, then works with you and your spouse, former spouse, other parent or civil union partner to create practical, informed solutions to the others.

Your mediator, who is an impartial professional, should create a safe environment that won't allow either of you to get "ripped off". Mediation can build your knowledge and self-esteem. If you mediate your divorce, both parties can be empowered. The mediator will listen to both sides, and then he/she will help you create a fair plan that's in your family's best interest. Mediation is good training for dealing with your ex-spouse or ex-civil union partner when the divorce or dissolution of your union is completed.

Why Mediate

No mater how long you've been together, divorce is the death of a dream shared. Despite the anger and fear that accompanies divorce, many couples find that the conflict can be minimized by the use of a neutral third party (a mediator) who helps couples work out the terms of their own separation and divorce agreements. 

Parents are more knowledgeable than anyone else about their own children's needs. Therefore, you and the courts prefer that parents make the decisions on those issues effecting parent-child relationships. Mediation provides the parents a structured setting so both parents can work together to maintain these relationships.

Do I Need An Attorney

Mediation is for couples who want to retain control over important legal decisions that affect their lives and the lives of their children. A trained mediator helps the husband and wife work out alternatives and solutions geared to the specific needs of the family. Mediation is NOT a substitute for the services of an attorney. Instead it puts decisions-making in the hands of the couple and the legal implementation of those decisions in the hands of an attorney. However, whether or not you hire an attorney is entirely up to you.

Is Mediation Binding

Mediation is never binding by itself. Only a properly executed settlement agreement which is the outcome of the mediation is binding.

Advantages of Mediation Over Litigation
  • Studies show that families that mediate their differences have a substantially better after-divorce relationship than families that litigate their differences.
  • Mediators use a variety of negotiating techniques to help spouses, former spouses, parents or civil union partners reach a mutually agreeable solution to their differences. The couple controls how and when decisions get made rather than attorneys and judges.
  • Mediation is less expensive.
  • Mediation is faster. In a traditional court setting, trials can stretch for many months or even into years.
The traditional approach to solving legal disputes eats-up your time and money with abandon. A typical legal case goes through an initial stage of informing your lawyer of all the things you know about your case. Then, the case goes through a discovery stage, when your side finds out what the other side knows. This second stage can involve requests for documents from the other side, subpoenas for documents from financial institutions and depositions of witnesses. Finally, the lawyers prepare for and conduct trial. After trial, either party can ask the court to reconsider its decision and then, appeal to the appellate court, and then to the Illinois State Supreme Court. Even a typical divorce is likely to cost each party $5,000 to $10,000 and six to twelve months, if they settle quickly;$10,000 to $20,000 each and over a year with discovery; $20,000 to $100,000each and two to four years if you go to trial.

Is Mediation Confidential

One of the advantages of mediation is that it is confidential. The emotional and perhaps embarrassing issues that are raised in divorce and child custody difficulties will be kept private, as opposed to a trial where all of the proceedings are part of the public record.

What Happens After Successful Mediation

Mediation is successful in a majority of cases. If you have an attorney, the mediator will notify your lawyer of the terms of your agreement. Your lawyer will provide advice and counsel and present the final agreement to the court. If you do not have an attorney or if both parties direct the mediator to do so, the mediator will prepare a written settlement agreement for you. You can have a lawyer present the agreement to the court or you can do it yourself. The court will then enter an order, reflecting the joint decision reached by you and your spouse, former spouse, other parent or civil union partner.

What Happens If We Cannot Agree

If you don't reach an agreement, you can still go to court. You do not give up your right to litigate your dispute. What has occurred in mediation is confidential and is not admissible in court or through discovery, so you have the luxury of starting fresh as if the mediation had never taken place. In a court ordered mediation, the case will return to the court for a decision by the judge if the two parties cannot come to an agreement.

4 comments:

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  4. I am the author of this Blog, but am unable to log in to update it. Please note that the profile information is very old and no longer working. I can be reached at thomas@thomaspmiller.com and my current website is http://www.thomaspmiller.com/

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