Alternative Dispute Resolution, which nearly always means mediation, is mandatory in many contested divorce cases and is a good idea in most other ones. In discussing the benefits of mediation, many attorneys and practitioners refer to the “three Cs.”
Divorce is such a fact-specific matter that determining an “average” financial cost is almost impossible. The same thing can be said for most other professional services. The best estimate is that an average divorce costs about $15,000, and the majority of that expense is legal fees.
ADR in general, and mediation in particular, may reduce this expense. Instead of preparing for a full trial, your attorney need only prepare need only prepare an opening argument and carefully review the case. As well, you and your lawyer must thoroughly go over your goals for Parental Responsibility Allocation, child support, property division, and other areas.
Early mediation, which is an employment law concept, is gaining some traction in the family law arena. The idea is that if the case is mediated shortly after the petition is filed and some cursory discovery is done, the cost savings will be more significant; the obvious downside is that, in early mediation, a party will not be as familiar with all the economic and emotional ramifications of a divorce case.
There is no court reporter at mediation and there is no emotional courtroom showdown. So, mediation can serve as a more effective platform to encourage future co-parenting. In other situations, however, the informal atmosphere is a negative. Many people want or need closure in a divorce case, which a mediated settlement may not provide in all cases.
Some research indicates that mediated settlements have a much higher compliance rate than orders dictated by a judge, because the parties feel more invested in the process. This consideration is especially important if one or both parties has problems accepting authority, as is very often the case.
In Will County and nearby jurisdictions, most divorce mediations are conducted by divorce attorneys who have had substantial mediation training and experience. So, they are quite familiar with the issues and emotions involved in these matters.
Most mediation sessions last either a full day or a half day. Prior to the meeting, the mediator reviews the court pleadings and perhaps a few other relevant documents. Typically, the parties divide the mediation cost equally.
These meeting nearly always take place in an office suite. After a brief joint session, during which attorneys make informal opening statements, the parties retire to different rooms. The mediator then basically conducts shuttle diplomacy by conveying settlement offers and counteroffers between the parties.
If the parties reach a resolution with the mediator’s help, paperwork is filed with the court and the judge issues an order based on the mediated settlement that the parties reached. If there is no resolution, the case continues on towards trial.
As mentioned earlier, many judges automatically refer contested cases to mediation. Otherwise, mediation is appropriate in almost all cases; the primary exception being situations where there are verified abuse allegations.
Mediation is not always successful, but it is nearly always worth a try. For a free consultation with an experienced family law attorney in Mokena, contact attorney Brian W. Reidy. Convenient payment plans are available.