Mediation & ADR: Avoid Costly Divorce and Family Law Matters

Alternative Dispute Resolution Helps Many Families

What is Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) comes in many forms in the legal community. Mediation, negotiation, and arbitration are the three main ways in which A.D.R. is used. Alternative Dispute Resolution is not an exclusive tool for divorce attorneys. Many family law attorneys utilize the process to come to resolve legal issues for their clients.

It takes a skilled attorney with the right knowledge of your matter to have the best outcome with A.D.R. If you have a divorce or other family related matter, you will want to find an attorney that has the right background and has tried an extensive amount of cases to represent you in A.D.R.

Our law firm will work tirelessly to resolve matters for our clients. Divorce cases, custody, and child support matters should not keep you from spending valuable time with the family members you love and care about. We have the knowledge, experience, and drive to protect our clients and their interests that cannot be matched.

Mediation Can Resolve Issues In Your Family Law Matter

Mediation can be used in many types of cases in family law.

Mediation can help you resolve conflict in your family without going through a high-conflict and costly divorce or family law case. Call Chicago Family Attorneys, L.L.C. if you think you and your ex can settle disagreements without going to court.

Mediation is a process in which a neutral third party (the mediator) helps two parties communicate and reach an agreement. The mediator does not make decisions for the parties but helps them communicate to reach their agreement.

Often, a mediator can assist the parties reach a settlement in the matter quicker than litigation. Mediators want to quickly settle disagreements without a lengthy and expensive legal process. A mediator looks at the interests of both parties and treats

Mediators are trained in communication and conflict resolution and can help parties identify their interests and goals. Mediation can be used to resolve disputes about property division, child custody and support, alimony, college education, visitation, and other issues.

It is important to find the right mediator for your situation, but it is also very important to work with experienced attorneys. The right attorneys can analyze your case, negotiate, argue extensively, and stand by you. Whether you are facing a high conflict divorce involving parental responsibilities, parenting time, or other legal issues, the right family lawyers can help you throughout the alternative dispute resolution process to come to a resolve and have a court order entered to resolve your problems.

If you and the other people involved in your divorce can work together, an ADR program or mediation will likely help. ADR is not as time consuming as litigation, but it can be worth it if you can all get along.

How Do Mediators Assist In Family Law Cases?

Mediators attempt to communicate constructively with the parties involved, and they help reduce conflicts. Mediation as a method of communication can be especially beneficial if children are involved. Mediation has proven to be a great help in creating a more positive parenting relationship. Complicated cases are often good candidates for mediation, which can help settle the matter without going to court.

There are several reasons that a person may choose mediation. When parties are open to mediation and believe they can adequately communicate through attorneys, mediation can often help reduce stress and save on fees. Mediation is a better option for families than going through a difficult divorce litigation process.

Mediation can be beneficial for couples who have assets that are at issue. Often mediation can help spouses reach an agreement on how to divide assets without going to court. This can save time, money, and stress for many clients.

Mediation is an excellent option for neutral evaluation cases and lawsuit settlement. Mediation opens up negotiation, and often creative solutions may be found promptly. Mediators focus on settling disputes with lawyers regularly at lower costs.

If you are considering mediation, it is important to hire a mediator and lawyers who are experienced in the process and can help protect your rights. If you want to speak to an attorney about mediation, we can help you resolve your divorce. Call our office today to learn more.

If you need legal assistance, please call our law firm at (312) 971-2581 or book us online. We are located in downtown Chicago and service Cook County, DuPage County, Will County, Lake County, and McHenry County in all aspects of family law. We are available by appointment only, and our office hours may vary.

Arbitration Is A Method Used To Assist Families Through Divorce

Arbitration is when a neutral third party hears evidence and testimony from both sides of a dispute and makes a binding decision on the outcome.

Like mediation, arbitration can help families save time, money, and stress by avoiding an expensive and hostile divorce litigation process.

Why choose arbitration? What are the benefits, and what are risks?

Arbitration is often chosen by parties who have already tried mediation but could not reach an agreement. It can also be chosen by parties who want a say in the outcome of their divorce but do not want to go to trial or spend large amounts of money on attorneys.

The American Arbitration Association is often used by law firms, courts, and private clients to move matters forward. This is a common method of resolving issues between litigants throughout the United States. The methods used by the American Arbitration Association assist in resolving most disputes between parties. Usually, negotiation is not as prevalent in these matters and arbitrators take a few hours to review what evidence and claims would be brought in front of a judge or jury at trial or hearing.

After reviewing the evidence, an arbitrator or panel of arbitrators will speak with each lawyer and the parties. The arbitrator or arbitration panel will give a neutral evaluation regarding an appropriate binding settlement.

Arbitration can be similar to a trial, but it is usually less formal. This is because the people involved will not be appearing in front of a judge. The rules of evidence, rules of civil procedure, and other considerations will be used, but in a much less formal process.

Arbitration can be beneficial for couples who want to avoid going to trial. It can also benefit couples who want to resolve their disputes without going through a highly litigated process in court. Not only can litigation be costly concerning children, but it can also be costly with assets.

A lawyer that is experienced with alternative dispute resolution (A.D.R.) will advise his client to try and resolve any dispute and they will try to keep the expense of cash and resources low in your matter.

If you are considering arbitration, it is essential to hire an experienced attorney who works as an arbitrator or with arbitrators who can help you navigate the process to ensure your rights are protected. Our law firm has helped many people from disputes arising later in life due to arbitration and mediation.

Hiring experienced attorneys who are skilled in dispute resolution and negotiation can help you avoid a costly lawsuit. If you need help resolving your divorce through arbitration or mediation, call us today. We can help you figure out what's best for your situation. We hope to resolve your case without repeatedly going to court and paying high-cost attorney's fees.

If you need to speak with a licensed attorney, call (312) 971-2581 or book a free consultation online. Hire the best Chicago family law attorneys to assist in your matter. We are available by appointment only, and our office hours may vary.

What is the arbitration process usually like and how can an attorney assist?

Arbitration is formal but tends to be less confrontational than a court proceeding. The arbitrators that are chosen usually have years of experience in divorce. It is crucial to ensure you are comfortable with the arbitrator you choose. When choosing an arbitrator, you need to be confident in their ability to make a impartial decision before agreeing to arbitration.

The arbitration process usually begins with each party submitting a written statement of their case to the arbitrator. The arbitrator will make a decision based on the evidence and testimony from both sides. This decision may be binding.

When binding arbitration occurs, an arbitrator's decision cannot usually be appealed or changed. Once the arbitrator makes a decision, it is final. This is one of the risks of choosing arbitration over going to trial or going through the litigation process in court.

If you are considering arbitration, it is vital to hire an experienced attorney who is familiar with the process. This will help you ensure that your rights are protected.

If you need a family law attorney, call us at (312) 971-2581 or book an appointment online. Our law firm services Cook County, DuPage County, Lake County, Will County, and McHenry County. We are available by appointment only, and our office hours may vary.

Is an arbitration clause in a prenuptial agreement binding?

Arbitration clauses in prenuptial agreements or postnuptial agreements may be binding depending upon the clause. If the terms of an agreement are unfair or one party signed under duress, courts may not require arbitration.

Although costs would be kept much lower than going to trial, and most may concerns may be put at ease, it may be your right to try and settle this matter outside of arbitration or through litigation.

Arbitration clauses are often associated with business disputes, but they can also be very helpful in resolving personal issues.

Alternative Dispute Resolution includes mediation and arbitration. Alternative Dispute Resolution cannot be forced. It is a vital tool in many cases for families.

Alternative Dispute Resolution requires an open mind from all parties for arbitration and mediation to work. If you and your spouse believe that these methods are worthwhile or that the parties can discuss the matter through attorneys or a third party, it is often worthwhile to pursue alternative dispute resolution.

Alternative dispute resolution clauses may be written into prenuptial and postnuptial agreements for parties. An arbitration clause is often where parties agree the most in prenuptial agreements. These clauses often provide that, in the event of a divorce, the parties will first attempt to resolve their issues through alternative dispute resolution methods before resorting to trial.

The clauses will include the rules and terms of negotiations. They will sometimes include specific rules that control how much can be spent on the arbitration and how much can be spent on a lawyer.

Hire Attorneys Who Are Experienced In Resolving Disputes For Your Divorce or Family Law Matter

Attorneys will need a list of items that are important to you during the divorce. The attorneys will review your wants and needs and develop a legal strategy that best meets your interests in a divorce. Legal strategy within every family law matter is vital.

Often an attorney will request that you give them a complete financial overview and details regarding your marriage. The attorneys may require a full accounting if you have a lot of assets or are involved in multiple companies.

To prepare for a divorce through mediation or arbitration, a client must review the following questions and answer them to the best of their ability with an attorney. These questions allow each attorney to evaluate the strengths and weaknesses within a case before mediation:

• Do you have a property that was acquired during your marriage?
• If you purchased a property during your marriage, what is the value of the property?
• Do you have a property that was acquired before the marriage?
• If you have acquired property before marriage, has the other party contributed to the home's expenses?
• Do you currently own a business or have you sold a business during your marriage?
• If you owned a business or sold your business during your marriage, what is the value of the business?
• What is your average income, and what has your income been during the last three years of your marriage?
• What is the average income of your spouse?
• If you have a child and either party contributes to childcare expenses, what is the average cost of childcare?
• Have you or your spouse acquired a pension or other retirement funds during your marriage?
• If you or your spouse have acquired a pension or other retirement funds during your marriage, what was the value of the funds?
• Did you and your spouse sign a prenuptial or postnuptial agreement outlining methods for resolving a dispute?
• If you were to move forward with your divorce, what are the most important aspects of the divorce for you?
• What are the major concerns that you have regarding the divorce?
• Based on the circumstances of your case, do you believe there are irreconcilable differences within the marriage?
• Although you are exploring a divorce, do you and your spouse currently live in the same home?
• Do you believe that your spouse will be able to resolve this matter amicably?

Answering these questions to the best of your ability is essential. These questions determine strategies and methods for an attorney to move forward on your divorce and whether or not alternative dispute resolution is appropriate.

If you need legal assistance with a family law issue, please call us at (312) 971-2581 or schedule a free consultation online.