Aurora Divorce Mediators
Mediate, Don't Litigate
Divorce and family law mediation revolves around deciding what the best options are for you, your ex-spouse, and your children, after your divorce. Mediation occurs when the divorcing spouses want to end their marriage peacefully and without complications. Mediation is a process whereby the divorcing spouses meet with a neutral third party who will try to manage the divorce as amicably as possible. The third party will negotiate between the divorcees to split up their assets fairly, divide their children's time equally, and designate the rest of their assets to each party.
The issues discussed at the mediation may include, but are not limited to, the following:
- Distribution of property (assets/liabilities)
- Child parenting time
- Child decision making authority
- Extra-curricular activities
- Day care and school expenses
In mediation, the couple either voluntarily agrees to meet with the mediator or they are court ordered to do so. The purpose of the meeting with the mediator is to work out solutions to various family and divorce issues. Assuming that the parties are motivated to reach a settlement, mediation sessions can be highly productive. In other instances where parties are not agreeable at all, mediation sessions can take a considerable amount of time and work. When the parties are at an impasse on certain issues, the mediator can offer options and possible solutions to break the impasse.
The mediator's job is to make sure the divorcing spouses have an open channel for communicating, offer creative ideas, challenge the couple into choosing what is right for their child rather than what is right for themselves, and to provide each party with an understanding of their opposing positions. All of these tools can be used to help the couple make their decisions and hopefully result in a voluntary agreement. Mediators also help keep the couple focused on the issues, and ensure that the "ground rules" are not violated when trying to achieve a fair and voluntary agreement. "Ground rules" are created to respect the opposing party, not interrupt them when they are speaking, and the mediator may have to intervene if he/she feels that there is some impediment to mediation. Mediation is intended to be a productive session and not an opportunity to disparage the opposing party.
Call our experienced Aurora divorce mediators at (630) 901-8700 for a free phone consultation.
Mediation brings about communication between the couple, and provides an opportunity to lay down "ground rules" which can then be incorporated into a court order. These court orders provide children with stability as it will prevent future conflicts from arising so long as they have been discussed and resolved in mediation. A lack of communication or misunderstanding are the main reasons for conflict. Mediation is a type of alternative dispute resolution that seeks to neutralize the conflict by teaching the couple to communicate effectively.
A divorce mediator is neutral and is prohibited from providing legal advice to either party. Furthermore, the mediator must set aside their own personal feelings about the particular case and must focus on trying to achieve a resolution that is independent from their own personal beliefs. If a mediator cannot set aside his/her personal beliefs in a case and cannot remain neutral, the mediator must recuse themselves from further mediation.
Mediators provide a forum in which the parties can openly vent and express themselves and explain their positions regarding whether they are right or wrong. The mediator cannot take sides, but can try to understand why a party has taken a particular position. This provides for better communication and an understanding of the issues, and can potentially give the parties an opportunity to come up with solutions on their own. In some situations, it is better for the mediator to "back-off" and let the parties openly discuss the issues between themselves and the mediator should only intervene when it is absolutely necessary.
Finally, mediation, although it may be court ordered, is voluntary. Any participant in a mediation session can decide to stop the session at any time for any reason. Essentially, you are not forced to participate in mediation sessions and should feel comfortable during the mediation session while you are participating. Mediation sessions can be conducted on only one occasion or multiple occasions depending on how many issues need to be resolved and the complexity of the issues. Ultimately, if the parties can agree outside of court to resolve their issues, they will save a considerable amount of time and money in not engaging in unnecessary and expensive litigation..
Fair & Effective Mediators
If you are ordered to use mediation or voluntarily seek a mediator to resolve your issues, you will need a creative mediator that can help resolve your issues. Our Aurora divorce mediators have extensive experience with mediating while ensuring safe environments with specific ground rules to ensure our clients' safety, and hosting productive mediation sessions. As practicing divorce attorneys, we have a significant amount of experience in family law and divorce matters. We are hopeful that we can provide you with multiple options to resolve your issues and keep the parties focused on working out a favorable resolution for all parties, specifically the children involved.
Contact our Aurora divorce mediators to help resolve your complex issues today.
The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties