Can You Win at Mediation?

 Posted on February 05, 2016 in Mediation

Mediation is an important part of family law in Illinois. In cases involving children, other than child support issues, mediation is often mandatory. Mediation is also commonly used to settle other kinds of family law disputes including property division and spousal maintenance, also known as alimony, in divorce cases.

Purpose of Mediation

The idea of winning at mediation seems strange to many. The entire purpose of mediation is to encourage two sides to settle their differences with the help of a neutral third party instead of going all the way through the court process.

Neither side is required to agree to anything in mediation. When meditation is made mandatory, the only thing required of the parties is that they make a good faith effort to resolve their differences. However, when two people come to mediation, they are often able to find a solution that makes both of them satisfied, if not happy, and is better than what a court would have imposed.

Your Goals in Mediation

If you can get your family law case resolved without having to go through a full trial and you are satisfied with the outcome, you have won your case. To do so requires a little 

The first step to having a successful mediation is to understand your goals. What can you be flexible about? What is most important to you? If your primary goal is settling your case, you may find many creative opportunities to make agreements. If your goal is to get everything your way, you will not have a productive mediation session. You may also be setting yourself up for a big disappointment down the road. Almost nobody gets everything they want in a family law dispute.

Preparing for a Positive Resolution

You can succeed in mediation if you are prepared and if you and the other side are both committed to negotiating with the goal of resolving the case. Being prepared for mediation includes having an understanding of the likely outcome if the case went to trial. If you can convince the other side that they will likely lose on a key point, you have a better chance of them settling with you at mediation. Likewise, you will have weaknesses in your own case. If you can be realistic about what you can expect at trial, understanding that nothing is ever certain, you will be in a better place to create a settlement.

If you have questions about mediation or any other family law issue, contact an experienced Lombard family law attorney. At A. Traub & Associates, we are committed to helping you navigate the divorce process as quickly and easily as possible. Schedule your initial consultation today at either one of our two convenient office locations. 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086