Why You Should Consider Mediation in Your Family Law Case
By: Gordon & Perlut, LLC
Mediation is a form of alternative dispute resolution (ADR) that can be extremely helpful and effective in a variety of family law cases. Mediation, like other forms of alternative dispute resolution, is designed to make dispute resolution easier for the parties involved and allow parties who are engaged in a dispute to avoid the courtroom.
Other examples of ADR in Illinois can include arbitration and collaborative law. Each type of ADR has its own procedures, and it is important to speak with a Chicago area family law lawyer about options that may be available to you.
In Chicago and northeast Illinois, most family law cases involving mediation are governed in part by the Uniform Mediation Act (710 ILCS 35/). There are many different reasons to consider mediation when you are facing a family law dispute, and we want to give you more information about those reasons.
One of the primary benefits of mediation is cost is frequently much lower than taking a case to court. If you can resolve your family law dispute through mediation, you will be able to avoid expensive court costs and litigation associated with multiple hearings and courtroom appearances, and other costs associated with litigation (depositions, discovery, etc).
Another benefit of mediation is that dispute resolution often can occur much more quickly than if you take your case to court. Often, a dispute can be resolved in a single mediation session.
Mediation is private, which means only the parties involved in the mediation have access to the information being shared. Unlike court proceedings, details from mediation are not made public (except any final court Orders entered as a result).
Unlike in a court hearing, parties engaged in the dispute are much more involved in the process of resolution. To be sure, the parties engage in dialogue with one another in order to negotiate and ultimately reach an agreement.
When parties in a family law dispute engage in mediation, their communication skills with one another often improve. For parents who are going through a divorce, improved communication can be extremely helpful in the months and years to come, especially regarding co-parenting and shared parental responsibilities.
Mediation is not final, and a mediator does not make any kind of decision or ruling about your case. (In this way, mediation is much different from arbitration — another kind of alternative dispute resolution — in which the arbitrator does make a final decision.) Accordingly, if you cannot reach an agreement concerning your dispute in mediation, you will still have the option of going to court without losing any significant amount of time in the process.
Family law mediation is a voluntary and constructive process in which a neutral third party, known as a mediator, assists individuals in navigating and resolving disputes related to various family issues such as divorce, child custody, support, and more. This collaborative environment allows participants to explore solutions that are agreeable to both sides, promoting a sense of ownership over the outcomes without the need for court involvement.
Mediation can address a wide range of family law disputes, including: – **Divorce Settlements:** Facilitating discussions around the division of assets, liabilities, and responsibilities. – **Child Custody and Visitation Arrangements:** Helping parents establish fair and workable agreements regarding where children will live and how they will spend time with each parent. – **Child and Spousal Support Agreements:** Assisting in the determination of financial support needed for children or one spouse. – **Division of Property and Assets:** Guiding couples in fairly distributing their shared property and financial resources. – **Parental Decision-Making Responsibilities:** Ensuring both parents have a say in important decisions regarding their child’s upbringing. – **Modifications to Existing Family Law Orders:** Enabling parents to revisit and amend previous agreements as circumstances change.
While the discussions in mediation are aimed at reaching agreements, these agreements are not legally binding until they are formally signed and submitted for court approval. Once the court reviews and approves the agreement, it becomes an enforceable legal order, providing clarity and security for all parties involved.
Though mediation itself does not mandate the presence of legal representation, it is highly recommended that each party consult with an attorney before finalizing any agreements. A lawyer can offer invaluable insights, ensuring that the terms of the agreement protect their client’s interests and comply with legal standards.
The length of the mediation process can vary significantly based on the complexity of the issues at hand and the willingness of both parties to engage in constructive negotiations. Some disputes may be resolved in a single session, while others could take multiple sessions spanning several weeks or even months, depending on the specific circumstances and dynamics of the family involved.
Mediation presents numerous advantages over traditional courtroom litigation, such as:
Mediation is typically much more affordable than pursuing a court case, saving families both time and money.
Conversations during mediation remain private, which can be particularly beneficial in sensitive family matters, unlike public court proceedings.
Parties have the autonomy to steer the discussions and make decisions regarding their outcomes rather than having a judge impose a solution.
By fostering an environment of cooperation and open communication, mediation helps to minimize hostility and resentment, which is especially important when families need to maintain relationships for the sake of children.
If mediation does not lead to a mutually agreeable solution, the parties have the option to take their disputes to court for resolution. Interestingly, during court proceedings, a judge may still take into consideration the discussions and attempts made during mediation when rendering their final decisions, potentially influencing the outcome based on the efforts of both parties to resolve their issues amicably.
If you have questions or concerns about mediation and your family law dispute, one of our experienced Chicago mediation attorneys can assist you. Contact Gordon & Perlut, LLC for more information about how our firm helps individuals and families with a wide variety of family law matters.
(Updated 4/17/2025)