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When to pursue mediation in Illinois

On behalf of Janet Boyle of Boyle Feinberg Sharma posted in Divorce Mediation on Tuesday, April 14, 2015.

In lieu of going to court, a case may be decided through a mediation session. Mediation does not always lead to a resolution of the case, and those who go through it do not necessarily have to agree with the findings of a mediator. However, if an agreement is reached, it may be upheld in a future court proceeding. During such a session, each person will generally represent him or herself instead of using an attorney.

A large variety of cases are eligible for mediation. Typically a divorce can be settled through informal negotiations instead of having to go through a formal divorce trial. Child support matters may also be solved through mediation instead of relying on a judge to issue a formal ruling. One large benefit to such a proceeding is that anything that is said is kept confidential. Anything said in a courtroom could be used in future litigation as they are a matter of public record.

Additionally, mediation generally costs less than resolving a case through the court system and may be resolved in less time. The process may also be more beneficial to those involved because they decide how the case is resolved and communicate directly to each other instead of sending messages between their attorneys.

In many cases, a divorce can be a trying time for everyone involved. Going through mediation may make it easier to come to an agreement that is in the best interest of both adults and any children that the couple may have. Negotiating a settlement without the need to go to court may allow both sides to have more control over child support and property division issues that may come up and create an agreement that leaves both sides feeling satisfied.