If a Couple Already Agrees on Everything, Should they Use Mediation?
No. Mediation is for people that CANNOT reach an agreement and need help to resolve their differences. If you and your spouse have already agreed on everything, you do not need mediation because you have already achieved the best that mediation can give you. Rather than seeking a mediator, your best bet is to hire a lawyer to shepherd your case through the legal system.
Is Mediation Really Less Expensive?
Generally, mediation (along with cooperative and collaborative divorce) is considerably less costly than litigation. However, it can get expensive, depending on the mediator and on the legal costs of getting the mediated agreement entered in court.
Remember, people that go to mediation still have to get court approval and this usually involves the services of at least one lawyer.
How Do We Know if Mediation is for Us?
You are likely candidates for mediation if you trust one another and if both of you are capable of accepting that your soon-to-be ex is entitled to have an opposing view. You obviously are not required to agree with their conclusion; you merely have to see their position as something you yourself might argue if you were in their shoes.
Some people do not have this ability and they are why we need a court system.
Does the Court Make Us go to Mediation?
No, mediation is not mandatory, as such, but in Illinois, some counties require mediation in cases involving child custody or visitation issues. However, this type of mediation typically does not include any help for financial, support, property division, or other non-child matters.
What Does a Mediation Meeting Look Like?
It generally involves just the three people and takes place in a conference room or office with both spouses sitting on the same side of the table, facing the mediator.
Can We Mediate by Phone?
Yes. This works particularly well when the parties live in different cities or when it benefits them not to be in the same room together. Technology is making long distance and separate mediation easier every day.
What is Co-mediation?
It is when the spouses opt to use two mediators, instead of one. This is more likely to occur in long distance mediation or in situations where the parties wish the mediators to be of different sexes or of different disciplines (e.g., one lawyer and one health care professional).
Can the Divorce Lawyers Attend our Mediation Sessions?
It is when the spouses opt to use two mediators, instead of one. This is more likely to occur in long distance mediation or in situations where the parties wish the mediators to be of different sexes or of different disciplines (e.g., one lawyer and one health care professional).
For More Information:
We welcome hearing from you and we invite your questions. There is no obligation. No one will ever know that we spoke or what we discussed. Everything you say is privileged, confidential, and completely classified. We do not maintain a mailing list and will not contact you unless you ask us to.
Calling us is easy. Ask for Richard or Kari (Oak Brook 630-928-0600), or email us at jk@illinoislegal.com or kc@illinoislegal.com.
If we are in court or in a meeting when you call, one of us will personally get back to you as quickly as possible. We are extremely discreet with callbacks and reply emails. Just leave your name and a secure email address or personal cell phone number.
Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.