Law Offices of Robert M. Kaplan, P.C.

Schaumburg Family Law Attorney

1535 W Schaumburg Rd, #204, Schaumburg, IL 60194

Law Offices of Robert M. Kaplan, P.C. > Legal Services > Mediation

Divorce can be tricky, but we're here to make things easier. Mediation helps you save time, money, and effort by resolving problems outside of court.

Man talking to lawyer during mediation in schaumburg

You Don't Have to Fight It Out in Divorce Court

Mediation Can Help

Mediation Schaumburg

When you’re facing a divorce, your situation can feel overwhelming. Divorces seem particularly daunting when you and your spouse disagree on major decisions and aspects of the marriage dissolution process.

If you’re worried about your divorce getting dragged out and the associated costs that will come with numerous court appearances, it’s helpful to remember that you do have other options. One excellent alternative to the traditional divorce process is to attend mediation in Schaumburg.

5 Benefits of Divorce Mediation

Divorce mediation has several benefits.

Cost-Effective

Mediation is generally less expensive than litigation due to its quicker, more streamlined process.

Confidential

Unlike public court proceedings, mediation is private and allows couples to discuss issues openly without public scrutiny.

Control and Flexibility

Mediation gives couples more control over the outcome and allows them to craft solutions that best fit their needs.

Reduced Conflict

By promoting cooperative communication, mediation helps lower conflict and stress.

Faster Resolution

Mediation typically resolves disputes more quickly than court proceedings.

Frequently Asked Questions

What is the difference between mediation and arbitration?

Arbitration and mediation are both processes designed to achieve a solution in circumstances where parties cannot agree and may end up in court as a result. In the case of arbitration, parties make their case before an arbitrator or an arbitration panel, empowered to make a final decision in the matter.

Mediation, in contrast, is the option where both parties agree to hire a mediator, usually a Schaumburg lawyer who understands how to communicate with each party to achieve an agreement. A mediator does not make the final decision but rather drafts an agreement both parties sign. Then, this agreement is presented to the court for a final and binding decision.

Is Arbitration Better Than Mediation in Rolling Meadows?

Arbitration has more implications for the outcome than mediation. Depending on the circuit, arbitrators are usually empowered as adjuncts to the court, and their participation may be limited to only certain kinds of cases. For example, the court reports that “In the 17th Judicial Circuit (Winnebago and Boone Counties), the program applies to all civil cases seeking money damages greater than $10,000 and less than $50,000.”

Mediators may work with numerous different types of actions because mediation is less formal and non-binding. It also offers more flexibility as the mediator can work between the parties as long as required to achieve an agreement. But the parties themselves decide on the deal, which only then is submitted to the court.

What is divorce mediation?

Divorce mediation is a process that takes place outside of a courtroom and is not an official legal proceeding.

Instead, “mediation” refers to a series of informal meetings that you and your partner attend with a predetermined, neutral divorce mediator, who is often an experienced attorney or retired judge.

What Is the Purpose of Mediation?

The purpose of divorce mediation is to agree about components of your divorce and divide your assets outside of your official court case, which saves you significant amounts of both time and money.

When you and your spouse can agree on aspects of your divorce, such as parenting time and spousal maintenance without having to seek legal orders from a judge the results are often more pleasant and ideal for both parties.

Where Does Mediation Take Place?

Mediation meetings typically occur in a neutral, non-threatening space such as a conference room or mediation office suite. You will not attend mediation in a courthouse.

How Long Does Mediation Last?

The length of mediation depends on how complicated the divorce is and the number of issues you and your partner disagree on.

Schaumburg divorce mediation can be as short as one meeting that only lasts for a half-day, but you can often expect to attend mediation multiple times over the course of several weeks or months as you and your spouse work through your situation with your mediator.

Typically, multiple mediation sessions are still cheaper and less emotionally draining than going through an entire typical divorce case process in court.

Do You Offer Mediation Services in Schaumburg?

Yes! To learn more about how the Law Offices of Robert M. Kaplan can assist you with your Schaumburg divorce mediation, please call us today.

How do I prepare for mediation?

Mediation is the last step before issues escalate to a court case. Finding an amicable solution for both parties during meditation is preferable before it becomes an expensive, stressful, and time-consuming court case.

Preparing for Your First Mediation

Therefore, involved parties must come to a mediation looking for common ground and a solution to satisfy both parties. Prepare for mediation by:

Having flexible terms for agreement prepared
Understand the strengths and weaknesses of your case and be prepared to make choices accordingly
Be prepared to take advice from the mediator
Set aside adequate time; not only are mediations lengthy meetings, they are emotionally and mentally draining
Come with realistic expectations for the situation at hand and be prepared to accept resolution if terms are agreed on
Remember that, though mediation can be tense, the point is to avoid creating more significant problems and to come to an agreement and, if necessary, set aside personal bias and grudges

Schaumburg, IL Professional Mediation

The mediator is a neutral party whose job is to be an objective third party with no vested interest in the success or failure of either party. They also have extensive knowledge of the law and its application to the situation.

Meditation represents the best option for clients looking to avoid messy court procedures. If you need professional mediation, contact us.

What are the common stages of mediation?

The process of mediation typically occurs in five steps. These stages are critical to the success of mediation as they provide a framework for discussion and problem resolution.

Opening Statements

Each mediation will begin with the mediator's opening statement, during which they will establish the goals and boundaries of the discussion. Both disputants will have their opening statements afterward.

Joint Discussion

During this phase, both parties will discuss the issues at hand with the assistance and guidance of the mediator.

Private Discussion

Both parties will discuss with the mediator separately. During which time, the mediator will provide impartial advice and challenge both parties to consider the opposition's wants and needs.

Joint Negotiation

The involved parties will begin to negotiate the terms of their agreement. During this phase, parties are typically kept apart until both parties come to a resolution. The mediator will act as a negotiator for both parties.

Closure

If the parties reach an amicable solution and are ready to resolve their issues with an agreement, the mediation can close. If the parties cannot reach an agreement, the mediator will work with the parties to decide if more mediation is required to reach a solution.

Professional Mediation in Schaumburg

The Law Offices of Robert M. Kaplan, P.C. provide expert mediation to Schaumburg, IL, and its neighbors. Contact us today if you have any more questions about mediation.

What happens if an agreement can't be reached from mediation?

If you can't reach an agreement through mediation, you still have options, and our team is here to help you.

If mediation doesn't work, it's important to remember that it's intended to help the disputing parties reach a mutual solution through open communication. Although you and the other party might not reach a resolution, that doesn't necessarily mean the mediation is a waste of time, money, or effort.

Generally, if the disputing parties fail to agree or settle, they could undergo an evaluative approach. This approach means the mediator would assume the role of a fictitious courtroom through which they'd consider all evidence and facts presented to them. The mediator would then predict the court's decision on the matter.

If you cannot reach an agreement via mediation, you may consider these other options:

Go to trial and have your case reviewed and decided by a judge.
Begin a new mediation with a different mediator.
Continue pursuing negotiations on your own.

Call Us About Mediation in Schaumburg

For a successful mediation process, you need specially trained counsel like our team at the Law Offices of Robert M. Kaplan, where we have an experienced mediation attorney. Call us today to schedule a consultation.

What Is Mediation?

couple going through mediation in schaumburg

Mediation refers to a structured, effective process where you and your spouse hire a “mediator,” who is a neutral, unbiased third party, to help you resolve your differences as they pertain to your divorce. Mediators are typically seasoned attorneys who have decades of experience working with opposing parties in lawsuits and legal proceedings and know how to help both sides effectively reach fair settlements and agreements.

The term “mediation” encompasses the entire mediation process—from the very first conversation you have with your mediator until the very end when you and your spouse reach terms of agreement you can both happily live with.

Mediation is not an official legal proceeding, and what happens during your mediation will never be part of a court record.

How Is Mediation Different from a Typical Divorce?

Unlike traditional divorce proceedings, mediation does not take place in a courtroom. You and your spouse will attend mediation in a neutral place, such as the mediator’s law office or a rented conference room. Often, you and your spouse will spend your mediation in different rooms or offices so your mediator can speak with you freely and you can say what is on your mind.

You can choose to have your Schaumburg divorce attorney attend mediation with you or attend on your own—this is a matter of personal preference.

Mediation also differs from an in-court divorce hearing because the mediator’s role is vastly different from a judge’s. Mediators are skilled communicators who act as a buffer and offer a fresh perspective during divorce negotiations. While they work extremely hard to bring two opposing sides together to find a healthy middle ground, their word is not law, and they cannot order parties to a divorce to do anything. Mediators don’t make final decisions and can only suggest or recommend courses of action.

Meet Our Attorney:

Robert M. Kaplan

Attorney Robert M. Kaplan is dedicated to assisting clients with family law, real estate law, bankruptcy law, estate planning, and probate matters. After receiving a degree in law from The University of Florida College of Law in Gainesville, and working as a Public Defender in Miami, FL, Attorney Kaplan made the move to Illinois to start his own practice in 1991.

Over 34 Years of Legal Experience

Robert has been engaged in the practice of law for over 34 years and is licensed in both Illinois and Florida, ...

How Long Does Meditation Last?

During typical divorce proceedings, you and your spouse are each represented by a separate attorney who accompanies you to your various court hearings and works with you behind the scenes to help ensure you get what you want out of your divorce.

Because most divorces are contested, meaning the parties cannot agree on crucial areas such as alimony and child support, you will often spend an average of six to twelve months meeting with your assigned judge and ironing out the details of your divorce.

The goal of mediation is to shorten the time spent in court attending divorce hearings and to therefore save you significant money in the long run.

The length of your mediation will depend on the complexity of your divorce. Some couples only need to spend one full day working with a mediator, while others may meet several times over the course of a few weeks or months. Because mediation is such an emotional process, some spouses prefer to work in only half-day increments and come into each mediation refreshed and ready to try again.

How Can I Find a Divorce Mediator in Schaumburg?

Here at the Law Offices of Robert M. Kaplan, we offer mediation services in the 60194 area. Mr. Kaplan began practicing law in Illinois in 1991 and has decades of experience helping clients in contentious situations reach peaceful resolutions.

If you’re interested in working with a seasoned, impartial, and dedicated attorney during your mediation, please call us today at (847) 845-9477.

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September 3, 2024

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