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After filing for divorce, many people don’t know what to expect. The litigation process can be confusing and time-consuming, especially if there are children involved. Mediation has become an important tool in resolving domestic issues in Illinois. However, it can differ significantly from court proceedings, so it is important to choose a knowledgeable Chicago divorce lawyer to assist you in your mediation process. The attorneys at Taradash Given, P.C. represent clients in mediation in DuPage, Will, and Lake Counties, as well as other areas in Illinois.
Mediation is simply a process where a neutral third party assists the parties in negotiating an agreement with regard to their domestic dispute. A mediator will help the parties look into solutions that can resolve the particular issues dividing them. Many individuals are not aware that they may request mediation as an alternative to litigation. A mediator’s decision is not binding on the parties, but it can provide a cost-effective compromise for a family in transition.
Illinois law requires mediation for certain custody issues, including initial custody determinations, parental responsibility, visitation, modification, and the removal of a child from custody. Parents must participate in mediation regarding these issues before any judicial proceeding. In some cases, mediation may be waived, so it is important to speak with a qualified attorney to understand the legal requirements for this process.
Typically, a mediator is either appointed by the court or chosen in advance by the parties. The costs of mediation will be divided between the parties as ordered by the court. A mediator will ask the parties to provide documents or statements regarding the facts of their case and which issues are disputed. Typically, attorneys are not present during mediation proceedings. If the mediator deems it appropriate, however, attorneys may be present. If your attorney is present during mediation, the mediator may speak to a party and his or her attorney privately, outside the presence of the other party and his or her attorney.
There are several ways that a mediation proceeding may end. First, the parties may create a written agreement, which they sign. In the alternative, the parties may reach an oral agreement, which is approved by a court. However, at times, the parties may not come to an agreement, or they may only agree on some contested issues. In that case, the mediator may end the mediation and send the remaining issues to be resolved judicially. The statements made during mediation are privileged and confidential.
Mediation can provide a beneficial alternative to litigation for your divorce and custody issues. Our family law attorneys at Taradash Given, P.C. are skilled in Chicago mediation procedures and will represent your interests to the fullest potential. If you need advice on whether or not to consider mediation, or need representation during the process, we are here to help you with your needs. Contact us through our online form or call (312) 775-1020 today to set up your free initial consultation with one of our skilled attorneys.
Ms. Given is a certified mediator and is passionate about helping clients resolve disputes via mediation when appropriate. Many clients are not aware of mediation as an option. Through mediation, Ms. Given serves as a neutral third party to help clients resolve their issues together. This saves clients an enormous amount of money and time and also allows them to generate a customized settlement agreement uniquely tailored to their specific family needs.