If you are considering divorce mediation or anticipate being ordered to attend mediation during your divorce proceedings, you may have questions about exactly how mediation is structured. Your experienced divorce attorney in DuPage County can explain the entire mediation process and how it may impact your divorce.
How is a Divorce Mediator Chosen?
In Illinois, either the parties may select a court-approved mediator from a list provided by the court, or the judge can choose the mediator if the parties are not able to reach an agreement. In either situation, the mediator must be adequately trained and certified by the court.
Our experienced divorce attorneys are familiar with the process of selecting skilled mediators based on their qualifications and history with the court system in DuPage County. Because mediators differ in their facilitation styles and methods, it is important to work with a qualified family law attorney who can help you select the right mediator for your case.
Your divorce attorney will also be on the lookout to make sure that the mediator you select does not have a conflict of interest, such as a prior or existing relationship with anyone related to the parties, whether the connection be personal or business.
How is the Mediation Process Structured?
The mediator you select has some leeway in determining how the mediation process will take place. You may choose to have both individual and joint sessions with the mediator.
Some parties choose to have private individual sessions with the mediator in order to tell their side of the story and express how they want the dispute to be resolved, without the pressure of their soon-to-be-ex-spouse in the room.
Other parties may choose to start off with a joint session unless or until the negotiation reaches a stalling point and the parties are unable to find common ground. In these situations, it can be helpful to have a mediator present proposed solutions to the other party in private. Parties who are at odds with each other are sometimes more receptive to collaborative solutions when the idea is proposed by the mediator rather than the opposing side.
How Long Will the Mediation Take?
How the mediation goes and how long it takes depends a great deal upon how willing the parties are to work together to reach beneficial solutions. Some mediations take only a few hours while others involve several separate sessions over a period of days or even weeks. In some cases, parties may return to mediation later in the divorce process or post-divorce if new conflicts arise. If mediation is unsuccessful, parties also may consider another mediation session with a different mediator at a later date.
Consult an Experienced Family Law Attorney in DuPage County Illinois
Throughout the process, your passionate DuPage County family law attorney can be by your side advocating for your best interest and making sure the mediation is structured in a way that is fair and allows both sides to be heard in a respectful environment. Call our office today at 630-871-1002 for help.