Free Telephone Consultation Email. Many people don't realize that they have a choice about how
Mediation and litigation divorce or other family law matter will be resolved.
Not all divorces are handled in a courtroom, and not all decisions are made by a judge. Although litigation—essentially, a lawsuit—is the right choice for resolving some divorces
Mediation and litigation family law disputes, mediation is an increasingly popular choice. Here's some information about the two options. Litigation begins when one party files documents Mediation and litigation a lawsuit. The other party is served with these documents and has the opportunity to file an answer to them.
In litigation, each Mediation and litigation is represented by attorney; an additional attorney may be appointed Mediation and litigation represent the children's interests. Data and information about the parties' finances and conduct is gathered through a process called discovery, which is initiated and managed by the attorneys.
Discovery may be formal, such as a deposition, or informal, such as a voluntary exchange of financial documents. The parties, through their attorneys, will try to reach agreement about the terms of the divorce or other family law matter. If no agreement is reached, then Mediation and litigation and litigation will be decided by a judge after the discovery phase and a hearing or trial.
The mediator does not make a decision or force agreement. Current and future needs, interests and concerns are identified and negotiated directly by the parties, and facilitated by the mediator.
At each stage, and
Mediation and litigation the conclusion of the mediation, each party is encouraged to review agreements reached with their attorneys.
If the parties reach only partial agreement, or no agreement, unresolved matters will be decided by the judge after discovery and hearing or trial. In litigation, matters revealed to counsel are confidential, but Mediation and litigation and data are subject to discovery. Mediation and litigation set forth in pleadings and court documents is a public record absent documents or pleadings sealed by
Mediation and litigation court in special circumstances and excluded by statute to protect identity.
Matters revealed in mediation, on the other hand, are completely confidential; the mediator cannot be subpoenaed as a or be made subject to the discovery process. All documents are returned to the parties upon conclusion of the mediation or destroyed. In litigation, there is greater attorney involvement, including multiple court appearances. There are also typically higher discovery costs, especially with formal discovery.
There also exists the potential for further and expense if problems arise in the future, such as the need to interpret or enforce court orders. In addition to these financial costs, there are the emotional costs of litigation. Fighting is stressful and erodes the goodwill needed to co-parent in this "win-lose" model. Even very young children are sensitive to the hostility that often present in a litigated divorce.
The financial emotional cost of mediation is typically Mediation and litigation. There is one mediator who coordinates with the parties' attorneys, who have much less involvement than in litigation. There are generally fewer court appearances, and lower discovery costs due to voluntary disclosure. As a
Mediation and litigation, the very process of mediation encourages the parties to reach mutually agreeable, cooperative solutions and to adopt a "win-win" mentality.
This fosters communication and negotiation can be used to solve future without going to court. Because the process is more cooperative and less combative, there is a lower emotional cost as well.
To learn more about litigation and mediation in family law matters, we invite you to contact the Law Office of Elizabeth Lidd Factor, P. Confidential or time-sensitive information should not be sent through this form. Phone This field is for validation purposes and should be left unchanged. This iframe contains the logic required to handle Mediation and litigation powered Gravity Forms.
Elizabeth integrates her practical courtroom experience into both traditional legal and mediation services. My spouse says that that I will lose custody of our children if I don't agree to certain financial demands—is this possible? Spousal support maintenancechild support, and the division and Mediation and litigation of property and debts are entirely unrelated to parenting matters.
In addition, recent changes to the Illinois Marriage and Dissolution of Marriage Act as well as the Illinois Parentage Act have eliminated the concept of "sole custody. Convenient, discreet parking at the side and back of the building. First floor office suite. Client Portal Make a Payment.
Mediation and litigation Alexandra Cortez. What Happens in Litigation and Mediation? Confidentiality in Litigation vs. Mediation In litigation, matters revealed to counsel are confidential, but documents and data are Mediation and litigation to discovery. The Cost of Litigation vs. Mediation In litigation, there is greater attorney involvement, including Mediation and litigation court appearances.
I have read the disclaimer. Frequently Mediation and litigation Questions My spouse says that that I will lose custody of our children if I don't agree to certain financial demands—is this possible? La Grange Road Suite 5.