Mediation vs. Litigation
Litigation is the process of taking your case to court where your and the
other party's attorney present each side to the judge. This process is
usually only initiated if the parties cannot agree on crucial case issues.
Mediation, however, is private and does not utilize the services of a
judge or court.
Mediation can be as public or private as the parties involved would like
the process to be. Some people choose to discuss their issues in a room
together with only a mediator and their attorneys present. This legal
process is ideal for people who are able to amicably reach decisions together
without the interference from an outside third party. If couples cannot
reach decisions on all issues presented in mediation, the case is considered
contested and must be brought before a judge for resolution.
Role of the Mediator
the role of the mediator is to act as a neutral third party and to do everything
necessary to help the parties come to a mutual agreement. They also may
act as a convener to assist in contacting each party. they may also act
as educators, translators, and catalysts.
Preparation for Divorce Mediation
You have made the choice to work with a mediator for your divorce case
since this is your best choice for an amicable split. In order for it
to remain amicable and preserve your rights, you need to be prepared.
Here are some helpful tips before you begin the mediation process:
Organize your financial documents - This will include listing out your
assets, bank account statements, and retirement savings. You should also
have a list of your debts.
Check in on your emotions. This is not the time to be cruel, bring up past
indiscretions, or let your emotions run rampant. Try to keep your emotions
in check to ensure a positive process.
Get prepared to negotiate. This does not mean argue, however. Allow the
mediator to help you through the negotiation process.
Communicate with the mediator. If you have specific concerns that you don’t
want to bring up in front of your current spouse, you can speak with the
mediator privately before getting started.
Is Mediation Required For Divorce?
This question largely depends on the issues pertaining to the divorce.
The state of Illinois requoires mediation of child custody or visitation
Contact Our Barrington Mediators Today
Mandas Law is dedicated to helping our clients amicably resolve their family
law issues. We understand that legal issues of this type can be stressful
and complicated and will do our best to help ease the legal burden.
Call our office at
complete our online contact form to schedule your appointment.