The Three Cs of Mediation

The Three Cs of Mediation

For many people, the idea of divorce or family law mediation seems like a waste of time. They often reason that, if we could have talked through our problems, we would not be in court in the first place. Yes statistically, mediation is as high as 90% successful. Usually, that is because once mediation begins, the parties fully understand its benefits, which are outlined below.

Procedurally, family law mediation is usually a half day or full day affair. A third-party mediator, who is usually an unaffiliated Lincolnshire family law attorney, reviews court documents and then meets with both sides. After each attorney gives a brief opening statement, the mediator separates the two sides and conveys settlement offers and counter-offers back and forth.

Cost

If this were the only C, it would probably be enough to prompt even the most intransigent litigants to at least try and resolve their differences during mediation.

By shortening the case and reducing preparation time, mediation offers dual financial cost savings. Time is literally money for most family law attorneys. So, the shorter the case’s duration, the lower the legal fees. Additionally, it is much easier to prepare for a one-day mediation than a multi-day trial.

There are some emotional cost savings as well. In most cases, family law court cases are extremely stressful. And, many people spend their time doing homework, like tediously collecting financial documents, rather than spending their time with family and friends. The sooner the matter ends, the sooner these emotional costs go away, and the sooner the emotional wounds begin healing.

Control

Many family law litigants feel that their lives are spiraling out of control. For example, the family law issues often lead to financial issues, mostly because of the aforementioned legal fees. Additionally, many people have a hard time digesting the fact that a judge, who knows nothing about the family, essentially dictates orders.

Mediation gives litigants much more control over their own destinies. They resolve family law disputes in a way that best suits their needs. Moreover, when they compromise on a certain point, they are guaranteed a return, usually in the form of a workable solution.

These three Cs are not independent with one another. They are all intertwined. The feeling of control often increases voluntary compliance. That could mean fewer motions to enforce in future years. 

Civility

Back in the day, this C was not terribly important. Most people went their separate ways after a divorce, even if they had children. They only saw each other when picking up or dropping off, and these were usually long-distance encounters. Communication about financial or other matters usually went through a third party.

But things are different now. Illinois lawmakers recently enacted a co-parenting law. This law encourages both parents to take an active role in the child-rearing process. Obviously, such a partnership is not possible in all cases. However, the law strongly encourages people to permanently set aside their differences for the good of the children.

That kind of relationship demands civility. Divorced parents need not be friends, but they must do more than merely acknowledge the other parent’s right to exist. By working out their differences largely on their own, a mediator develops this kind of civility.

Connect With a Dedicated Attorney

Mediation’s benefits are impossible to ignore. For a free consultation with an experienced family law attorney in Chicago, contact Andrea Heckman Law. Convenient payment plans are available.