While considering mediation in Will County divorce cases may be a stressful experience, know that it does not have to be when you have a dedicated family attorney on your side. It is important to know that the purpose of mediation is simply for both parties to come to an agreement before their assigned court date.
Because mediation is confidential and non-binding, you do not have to uphold every single topic agreed upon during the process. It can be a helpful way to start a constructive conversation between both parties if other solutions did not end in a compromise in the past. Read on to learn more about what goes into mediation in Will County divorce cases, as well as the ways a determined divorce lawyer could make a difference for you.
Mediation is required in Will County for parenting issues if the parties do not reach an agreement fairly quickly in a case. Under the New Dissolution of Marriage Act, there is a requirement that the parties have to have a written parenting plan within 120 days.
If you do not have your plan signed by both sides and submitted to the court by your first assigned court date in Will County, which is 90 days from the date the Petition for Dissolution of Marriage is filed, the court may send you and your spouse to mediation. There is an approved list of mediators in every courtroom and, if both sides have attorneys, the lawyers will typically agree upon a mediator. If they cannot agree upon a mediator, the judge will select the mediator.
Mediation is a process in which you and your spouse will go to the attorney’s office. The mediation is designed to ultimately help you reach an agreement. This process can be very helpful when you are open to it. It is important to understand that mediation is confidential and is not binding upon the parties. If one side agrees to something they feel uncomfortable with during the mediation process, the other party could not argue in court that they should be held to that agreement because it was already decided upon in mediation. Know that both parties are prohibited from speaking about the mediation process in court because it is confidential.
While coming to a compromise can be difficult at times, it is important to recognize that it could potentially be a much better situation than allowing a judge to make a permanent decision for your children. While a judge always tries to act in a child’s best interest, they will do so from their own perspective, which may or may not align with those of their parents. In this way, mediation can be a helpful tool to assist divorcing parties in coming to some type of agreement before their initial court date.
Once in court, a professional family lawyer could offer their assistance to you by advocating on your behalf and ensuring that you are not taken advantage of by the other party. If you require assistance through the process of mediation in Will County divorce cases, consider retaining a skilled lawyer today for your legal representation.