Mediation Basics

 Posted on April 22, 2016 in Mediation

If you are considering divorce, changing custody agreements, negotiating a prenuptial agreement, or any other family law conflict, you may want to consider mediation. However, it is important to understand the process and whether it may work for you.

What is the Mediation Process Like?

Mediation is a process where the two parties who are looking to make an agreement try to come to a consensus about all the aspects of the agreement. This keeps all outcomes in the hands of the parties. With traditional litigation the judge ultimately gets to decide the parameters of the agreement.

Everyone will not likely get everything they want, but mediation tries to help couples get to a place where they can live with the agreement that is made. Additionally, it is important to understand that the mediator is not a judge and it is up to the parties to make decisions. However, different mediators can offer different levels of direction and you will want to find someone with whom you are comfortable.

What Are the Benefits of Mediation?

One great benefit of mediation is the legal costs it saves. The litigation process is long and costly and mediation is usually much less expensive. Mediation also tends to be a “friendlier” process that can be better for any children involved. Mediation also allows each person to prioritize what is important, and it offers the possibility of creative solutions. Further, as stated above, mediation allows more self-determination for the people that are making an agreement.

Who Does Mediation Work For?

Mediation can be appropriate in several situations, even with couples who may not initially be able to agree on anything. Of course, mediation will be easier if couples already agree on many of the major decisions. However, with a skilled mediator, even people who were initially on different pages can come to a settlement with which they both agree. Mediation also works well for people who are trying to keep things peaceful because the focus is on areas of agreement, unlike litigation where the process is adversarial.

Almost any kind of dispute can be mediated, and it is up to the parties themselves to decide whether mediation is the way to go.

DuPage County Family Law Mediators

Before deciding whether or not mediation is right for you, you should consult a knowledgeable family law mediator to learn how mediation may be helpful for your situation, or whether traditional litigation may make more sense for you. The experienced DuPage County family law lawyers at Davi Law Group, LLC can answer your questions and help you with mediation or litigation.

Source:

https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_011813