When to Use Mediation

What Types of Legal Cases Can Be Mediated?

Mediation is a form of alternative dispute resolution whereby parties come together to work out their differences and attempt to reach a settlement on their own. The discussion is guided by a neutral, third-party mediator who is agreed upon by both parties or assigned by the court. Mediation can be voluntary or court-ordered. Either way, the process is non-binding, and the mediator has no power to impose a settlement that both parties do not agree to.

Mediation can be used to resolve virtually any type of legal dispute. This includes:

• Divorce
• Child Custody and Parenting Time
• Family Law Issues
• Estate and Trust Administration Disputes
• Guardianship Disputes
• Business Law Matters

Keys to a Successful Mediation

Knowing when to use mediation can be difficult. The bottom line is that the best time to use mediation is when there is a good chance of success with the process. Here are some key ingredients to a successful mediation:

• Good Faith: The parties must enter the process with the serious intention to be reasonable and do everything possible to reach a successful resolution. In other words, they must be willing to negotiate in "good faith."
• Flexibility: Parties to mediation should be willing to compromise and realize that they are not going to get everything they want. They should go into the process with reasonable expectations and the willingness to give in some areas of the negotiation.
• Willingness to Listen: During mediation, each side has an opportunity to express their viewpoints. It is best to enter the process with an open mind and a willingness to truly listen and understand the other side. By understanding the other side's point of view, it is easier to identify areas where compromise may be possible.
• Preparedness: It is important to be prepared before entering mediation by having a good understanding of the issues that will be discussed and some idea of how they might be resolved.
• The Right Mediator: The role of the mediator is very important in identifying the essential issues and guiding the parties toward a peaceable resolution. Parties should choose a mediator who has an in-depth understanding of the process and a proven track record of success.

When Not to Use Mediation

In most cases, there is very little to lose by giving mediation a try. If successful, it can save parties a significant amount of financial and emotional stress by not having to go through litigation. If mediation is not successful, they can still take the dispute to court.

There are some cases, however, when mediation should not be used, including cases in which:

• There is a history of physical or psychological abuse.
• There is a history of alcohol or drug abuse.
• There is a history of mental illness.
• One party has an order of protection against the other.
• One party is rigid and has no desire to resolve the issues.

Speak With a Compassionate Schaumburg Mediation Attorney

At A. Traub & Associates, we have helped numerous clients resolve legal disputes more amicably and affordably through mediation. Attorney Angel Traub is a certified mediator with several years of experience and a very high rate of success. For more information on when to use mediation and whether it might be right for you, contact our office today at 847-749-4337 for a personalized consultation.