How Can an Attorney Help the Mediation Process in a Divorce?

 Posted on November 15, 2024 in Attorney Assisted Mediation

In most divorces, mediation helps resolve disagreements between the parties without a lengthy and costly court battle. It is so effective that courts often order couples to attend mediation before going to trial. Unlike litigation, mediation is a non-adversarial process that focuses on achieving a settlement through compromise. Since couples have more control over the outcome in mediation, they tend to reach settlement agreements that benefit both sides.

The best way to help ensure you get the most out of the mediation process is to hire an Illinois family law attorney who will guide you through the steps. Attorneys are not required at mediation sessions, but they can help protect you throughout the negotiations and achieve the best settlement possible.

How Does Divorce Mediation Work?

Mediation sessions are run by a mediator, a neutral third party who is certified in dispute resolution. Meetings can take place in an office or virtual setting and are attended by the mediator and both parties. Each side has the option of bringing his or her attorney. Here is what happens at a mediation session:

• The mediator sits with both parties together and gives an introduction, explaining the rules and goals of the mediation. He or she may review the facts of the case with both parties and ask questions to verify certain details.

• The parties will be separated into different rooms. The mediator will rotate between them, hearing each side’s arguments.

• The mediator will negotiate with each party to reach a compromise that benefits both sides.

• If the parties agree, the mediator will draw up a settlement agreement for each side to sign, which will be submitted to the court and become enforceable.

How Can an Attorney Help the Divorce Mediation Process?

A divorce attorney can be an extremely valuable tool in mediation for many reasons. For example:

• Strategy and guidance: An attorney who understands family law can provide you with legal advice and strategies for the negotiations. He or she knows what you might be entitled to, given your circumstances and how a judge would view the case. This can provide leverage during mediation to ensure you receive the fairest possible deal.

• Document preparation: A family lawyer can help prepare the case documents for mediation. These may include evidence to show the mediator that can help your side. Financial statements, for example, can be vital when it comes to discussions about property division.

• Reviewing the settlement agreement: If a settlement is reached, the mediator will give you an agreement to sign. It is important to have an attorney review this agreement to make sure the terms are fair and reflect your best interests.

Contact a Rolling Meadows, IL Divorce Mediation Attorney

Parties in a dispute who involve their attorneys in the mediation process usually fare better than those who go through mediation alone. Get yourself exceptional legal representation by contacting Ann O’Connell Law, Ltd.. We thrive on helping our clients reach the best possible settlement and aggressively protect their interests throughout the mediation and divorce process. Schedule a free consultation with an Itasca, IL family lawyer by calling 847-859-6222 now.