Naperville Mediation Lawyers

Mediation offers several benefits over traditional litigation, including:

A Faster Option 

Mediation tends to be faster than litigation because the parties don’t have to perform extensive discovery (exchange of documents, depositions, and so on) nor have their attorneys attend multiple court appearances. They don’t need to wait for an open date on the court’s docket to have their matter resolved. Instead, the parties can meet whenever it’s convenient for them and the mediator’s schedule. If the parties can reach an agreement, they can present it to the court during an uncontested hearing, which is often available much sooner than contested proceedings (think weeks rather than months or years). 

A Cheaper Alternative 

Mediation is also usually less expensive than litigation. You have the right to have a family law attorney who can advise you of your legal rights and options during the mediation process. However, this is often much more affordable than hiring a divorce attorney from start to finish of a divorce in court. Family law attorneys are usually paid by the hour, so the more hours they spend on your case, the more you will owe. Even if your divorce lawyer is paid using fixed fees, those fees will be linked to the overall amount of work required – with a litigated process in court costing substantially more than an uncontested case. You may be able to resolve your family law matter in much less time through mediation than in multiple contested court proceedings.

Less Conflict 

Mediation can provide a more amicable resolution than litigation. In litigation, the parties are adversaries and each party may seek to maximize their individual advantage. Litigation can lead to hurt feelings and stress with court proceedings, and unpleasant allegations with private details contained in pleadings that are part of the public record.  

Mediation is forward-looking and focuses on creating plans for the future. The parties are encouraged to work together to reach an agreement that best suits their family. They then present their agreement to the court. Because they helped devise the agreement, they are also more likely to stick to it and avoid litigation in the future. 

Enhanced Communication 

Cornerstones of mediation are active listening, reframing the issues, asking open-ended questions, summarizing, brainstorming, and using neutral language. These techniques enhance communication between you and the other party, helping you to gain more understanding and resolve legal issues with less animosity. 

Greater Privacy

Mediation is a more private experience than a litigated court case. In litigation, cases may be heard in open court. The public may hear the private details of your divorce or family law matter. Mediation is confidential. You, the other party, and the mediator cannot discuss the details of mediation.

Personalized Solutions 

A significant benefit of mediation is that the parties can craft creative settlement terms that best suit their needs. They can tailor their agreement to best suit their family’s needs. For example, suppose a couple getting a divorce owns a home and has two school-aged children. They may decide one spouse should continue living in the home until the children graduate and then sell the house and split the proceeds. This might be a better option than the court forcing them to sell the house now and split the proceeds.

A Clear Outcome 

When parties litigate a case, they allow the judge to decide how to resolve their case. They are not certain of an outcome. In contrast, parties know the outcome in mediation because they agree to the terms. They retain the power and control to determine the outcome of their case.