The Law Offices of Van A. Schwab
Jump To Practice Areas
Chicago312-702-1745Skokie and Libertyville847-208-4569

Debunking mediation myths

Some Chicago residents who are considering divorce may wonder whether they would benefit from using a mediator rather than going to court. Many people have misconceptions regarding the mediation process. By improving their understanding of what mediators do, people who are planning to divorce can make an informed decision.

One common misconception is that couples that are using divorce mediation cannot consult with a lawyer. Lawyers can often help with the mediation process and are allowed to represent people. There is also a misconception that the mediator will provide legal advice. That is not the case. Mediators provide information, but cannot advise either spouse. Some people believe that the first step in any divorce is to file divorce papers and serve the other spouse. However spouses may also choose to resolve all issues regarding separation of marital assets, child or spousal support and custody, and then file the paperwork together.


Some people choose not to go to mediation because not every issue can be resolved at once. The mediator can resolve some issues and the spouses can have a trial on the remaining issues. That way, there is a more narrow and focused trial and the spouses do not spend time litigating issues that could have been resolved. Unlike a trial, it is possible to conduct mediation using a go-between so that the spouses never have to set foot in the same room together.

A local family law attorney may be able to help a person contemplating divorce determine whether mediation or trial is the best option. In some cases, an attorney can help narrow the issues for mediation and can also attend the mediation to fight for the client.

Source: Huffington Post Divorce, "Mediation Myths and Misunderstandings That May Affect Your Decisions in Divorce", Diane L. Danois, May 10, 2013

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Chicago Office
134 N. LaSalle St., Suite 1820
Chicago, IL 60602

Phone: 312-702-1745
Fax: 312-372-4010
Map & Directions

Skokie Office
10024 Skokie Blvd, Suite 245
Skokie, IL 60077

Phone: 847-208-4569
Fax: 312-372-4010
Map & Directions

Libertyville Office
1641 North Milwaukee Avenue, Suite 12
Libertyville, IL 60048

Phone: 847-208-4569
Fax: 312-372-4010
Map & Directions

Libertyville Office
Review Us