Family Law Mediation Services

You and your spouse can work to reach a divorce settlement in many ways, including mediation. In mediation, spouses meet face-to-face in a neutral setting and try to reach an agreement with the assistance of a trained mediator. The mediator does not represent either side but instead works with both sides to facilitate an agreement.

The attorneys of O'Connor Family Law, P.C., offer family law mediation services both as neutrals and representing clients in mediation. We also offer collaborative divorce services. We will work hard to keep you in control of the outcome of your divorce while ensuring that you get everything you are entitled to under Illinois law. From our Chicago-based law office, our family law mediation attorneys provide services for clients throughout Cook County and Illinois.

Is Mediation Right For You?

You and your spouse can use mediation in many ways. Here are just a few examples:

• Your lawyer can represent you and advocate for you in mediation sessions. This is known as lawyer-assisted mediation.
• You and your spouse can use a neutral mediator who does not represent either of you, without your attorney in the room.
• Your attorney can advise you before and after your mediation sessions and review any proposed agreement before you sign it.
• You can work with a mediator to help you reach a deal on a specific portion of your agreement.

Mediation is not binding on either party. If you are unable to reach an agreement, you can still proceed to litigation. Even if you cannot reach a full agreement, mediation may help you reduce the number of issues that need to be litigated.

The Mediation Process In Illinois

The mediation process can begin at various points during a divorce, either voluntarily or as a result of a referral from the judge overseeing your case. Mediators can be court-appointed or chosen by the individuals involved, and they help spouses negotiate aspects such as parenting plans, financial settlements, and spousal support.

Preparation for Mediation: Before the first meeting, parties work with their family law mediation attorneys to gather important financial documents and other necessary papers. The initial meeting typically includes both spouses and the mediator. During this meeting, the mediator might present ground rules in a document called an “agreement to mediate,” explain the process, and have the parties sign required documents. Each spouse then has the opportunity to make an opening statement to explain their perspective on key issues.

Mediation Techniques: Depending on whether the opening statements lead to productive conversation or hostility, the mediator might encourage continued discussion or separate the parties into different rooms, a technique known as “private caucuses.” In this method, the mediator shuttles between each spouse’s room, conveying offers and demands. If the spouses are particularly hostile and unable to be in the same room, the mediator might start with private caucuses to help each side remain calm and focused on reaching a reasonable settlement.

Outcomes of Mediation: There is no requirement for divorce mediation to continue until all matters are settled. Parties may leave with everything resolved, some matters settled, or no agreement at all. If a settlement is reached, the mediator will draft a settlement agreement for both parties to sign. This legal contract binds the spouses to its obligations and can become part of the final divorce decree. Any unresolved issues may be left for a collaborative divorce or traditional litigation.

Advantages Of Mediation

There are several advantages to attempting to resolve your divorce issues by mediation:

• You and your spouse have more control over issues such as marital property division and child custody arrangements.
• In lawyer-assisted mediation, your attorney will be by your side to explain Illinois law.
• You can involve experts as needed to resolve specialized issues such as the division of a business.
• You can avoid the publicity of a courtroom proceeding.
• You can avoid disclosing financial information that you and your spouse would rather keep private.
• Even if you are not able to resolve all divorce issues through mediation, you may be able to reduce the number of issues that need to be litigated in court.
• Mediation can lead to potential cost savings compared to a lengthy court battle.

Even if you are not able to resolve all divorce issues through mediation, you may be able to reduce the number of issues that need to be litigated in court, making the overall process more efficient and less stressful.

How To Choose An Attorney Who Can Mediate Your Divorce

Choosing a mediator for the first time can be daunting, but understanding the process and the potential outcomes can help you in your decision. There are some characteristics to consider when selecting an attorney to ensure an efficient mediation, but more importantly, you will want someone who can also represent you in court if needed. At O'Connor Family Law, P.C., our attorneys offer a flexible and comprehensive approach to help you reach your goals.

We recognize that every divorce is unique, and with extensive experience in family law, we tailor our approach to meet your specific needs. Whether representing you during mediation or acting as a neutral mediator, our lawyers are well-equipped to handle complex family law issues.

A skilled mediator brings several important qualities to the table to ensure a fair process:

• Integrity to build trust and establish reliability in communications.
• Neutrality, which allows the mediator to remain unbiased, enabling discussions without taking sides.
• Fairness to ensure that all parties feel heard and respected. This is an important trait to build an equitable and smooth mediation process.
• Empathy, which helps the mediator understand the emotional aspects of the situation, providing a more compassionate approach.
• Respectfulness is also crucial, as it fosters a safe environment where all parties can openly communicate and work toward a resolution.

Knowledge of the court system is another factor you should consider when selecting an attorney. A lawyer who understands local court processes can develop solutions that align with what is possible in the mediation process and can guide you through what might be best resolved with litigation.

This knowledge allows for realistic expectations and strategic planning, allowing you and your spouse to resolve challenging child custody and property division issues out of court.

As an example, even in a case involving hidden assets, having a mediator with court experience is invaluable. A skilled mediator will understand the importance of disclosure of all assets and outline the potential consequences for spouses who knowingly or inadvertently conceal marital property.

What To Do When Mediation Is Not Successful

While thousands of people in Chicago have successfully used divorce mediation to reach a fair and practical divorce, it is not right for everyone. We generally do not recommend divorce mediation for the following situations:

• The spouses have a complex financial situation, such as owning a large business
• One or both spouses accuse the other of domestic violence and do not feel safe being in the same room
• There is no goodwill left between the spouses
• Other specialized reasons

If one or more of these scenarios apply to you, but you and your spouse both still want to avoid a potentially long and costly traditional divorce, a collaborative divorce could be a good alternative. A collaborative divorce is fairly similar to mediation, except each party is represented by their own collaboration attorney.

Learn More About Divorce Mediation

To arrange an initial consultation about family law mediation, call 312-445-0577 from wherever you are in greater Chicago or Cook County, or send us an email.