What Is Mediation?

Overview of the Illinois Mediation Process

Mediation is a form of alternative dispute resolution commonly used to resolve legal issues. With this process, the parties involved come together to discuss the issues and try to reach a resolution on their own. The discussion is facilitated by a neutral, third-party mediator whose role is to help the parties identify the various issues that need to be resolved and negotiate a peaceable and workable settlement.

Though the mediator is in charge of the process, the parties are in full control of the outcome. The mediation process is non-binding, meaning the parties do not have to reach a resolution. However, the parties are usually incentivized to make the process work, because failure to resolve their differences through mediation usually means the dispute goes to court, where it becomes much costlier for everyone involved.

Mediation can be used for virtually any type of legal dispute. Some of the most common include:

• Family Law Mediation
• Divorce Mediation
• Child Custody and Parenting Time Mediation
• Estate and Trusts Dispute Mediation
• Probate Mediation
• Guardianship Mediation

Types of Mediation

There are two general forms of mediation for legal disputes: voluntary mediation and court-ordered mediation. Voluntary mediation generally happens before a court case is filed, when parties make a decision on their own to try to resolve their disputes using this process. The mediator can be anyone that both parties agree to, and they can enter into voluntary mediation with or without legal representation.

Court-ordered mediation is often mandated in divorce and parentage cases involving children to resolve non-support issues such as allocation of parental responsibility, parenting time, and relocation. The court may also require mediation for financial issues related to a divorce and various other legal issues. Parties involved with court-ordered mediation can usually select their own mediator, if they can both agree on someone. Otherwise, the court typically selects someone from their list of court-certified mediators. The parties also typically have their own legal representation during court-mandated mediation.

Advantages of Mediation

Parties who are able to reach a resolution through mediation can realize several benefits, including:

• Cost Savings: Resolving a legal dispute through mediation can save parties significant amounts of money on court costs and legal fees.
• Potential Time Savings: The mediation process is typically shorter than a court proceeding. In many cases, disputes can be resolved with just a handful of mediation sessions.
• Confidentiality: The mediation process is kept private and confidential, and nothing that is said during the sessions shows up on the court record. This allows parties to air their differences without fear that their words will be used against them.
• Flexibility and Control: Since the court is not involved in the mediation process, the process is more flexible and empowers the parties to develop more creative solutions designed to fit their specific needs.
• Amicable Resolutions: Mediation is a cooperative rather than combative process, and this creates an environment where resolutions can be developed amicably and in a way that preserves important relationships.

Speak With a Seasoned Wheaton Mediation Attorney

For parties who want to bypass traditional litigation and resolve their disputes in a friendlier manner, mediation can be a viable option. At A. Traub & Associates, we have helped numerous clients reach a resolution to their legal issues through mediation. Attorney Angel Traub is a court-certified mediator for Cook, DuPage, and Kane Counties, and she has a strong track record of success with both court-ordered and voluntary mediation. To learn more about the mediation process and if it might be right for you, contact our office today at 847-749-4337.