Mediation is a process where parties who have a dispute meet with a neutral person who assists them in reaching an agreement. It can be used for dispute resolution in business, family, divorce, personal injury, employment, and many more types of cases.
Mediation and Collaboration are methods of resolving cases without expensive and time-consuming litigation. The Orr Law Firm has attorneys who are certified and approved to handle both types of matters.
Many people who have disputes really do not wish to litigate. It can be both emotionally and financially draining. A neutral third party can assist the parties in reaching a fair process through either the mediation or collaborative process.
llinois law mandates that mediation take place in divorce and family cases when parties have no agreement concerning their children. Each circuit in Illinois maintains local rules that indicate the minimum amount of time that parties must take part in such mediation, which is commonly 3-4 hours. The purpose is to assist parents in developing or modifying a Parenting Plan involving their children.
In most cases, the court will enter an order indicating the name of the mediator to be used, when the contact with the mediator must be made, the payment arrangements for the fees, and the date for the parties and/or their attorneys to return to court for a status hearing on the results of mediation.
Where the parties already have a Parenting Plan but have a dispute about an issue, mediation is typically required for dispute resolution. There may be no order for each occasion when the parties need to attend mediation for that purpose. Similarly, parties may have disputes in other cases involving children such as guardianships and they may schedule mediation without a court order.
Occasionally, the court will find that there is an impediment that keeps parties from attending mediation. Impediments may include but not be limited to Orders of Protection entered between the parties. Still, even in such situations, mediation is often ordered as safety measures can be implemented.
Twila Russell Orr has both basic and advanced mediation certifications. She typically handles more than 150 mediations involving minor children each year and has for more than 25 years. Her assistant works with the parties to arrange a mediation session, most of which take place in person in her office. There are some occasions under which Zoom, telephone conference calls, or Facetime sessions are allowed.
Kimberly G. Koester is a mediator in cases that do not always involve minor children. She is the former Chief Judge of the Fourth Judicial Circuit of Illinois with substantial experience in both deciding cases and assisting litigants is resolving disputes.
While mediation is civil cases is not typically mandated by statute, it is a process by which litigants can be assisted in reaching a mutually acceptable agreement. Many circuits have local rules that address civil mediation. It is informal and non-adversarial. The mediator assists the parties in clarifying the issues and addressing settlement options.
Common cases for civil mediation include but are not limited to probate/estate, business, construction, personal injury, chancery, contract, and other disputes. Kim also mediates property and debt division issues in divorce matters including maintenance matters.
At trial, one side often wins and the other side loses. Each side often has legal counsel and the financial cost is high. Sometimes there are appeals even when the trial concludes. Mediation offers a method by which parties can avoid the expensive cost of litigation and also the unknown outcome of a case. Mediation can avoid the lengthy wait for results. It is non-adversarial, structured, confidential, and allows parties a role in determining the outcome of their cases.
The parties are placed in separate locations when they enter her office building. She meets with each party without the other present. The session starts with an explanation of the process and ground rules.
A questionnaire is provided to each party for completion. She meets with each party to discuss their answers. The screening questionnaire assists her in determining whether the parties should be in the same room during the mediation process. Rights and required information are provided to each party during this time.
Under Illinois law, if parties have no agreement concerning the making of decisions for their children and/or time with their children, then mediation is required. Most cases have decision-making and parenting time as the issues. The court order will indicate what is to be mediated, however. In some cases, the parties and their attorneys will agree to additional issues being addressed in mediation. Such includes but are not limited to child support, extracurricular expenses, insurance, uncovered healthcare costs, educational costs, claiming a child for tax purposes, and even property and debt division, maintenance, and more. Still, decision-making and parenting time are the issues that the law mandate be mediated where the parties have no agreement.
The parties are placed in separate locations when they enter her office building. She meets with each party without the other present. The session starts with an explanation of the process and ground rules.
In most cases, a joint session takes place with the parties and the mediator in a conference room. Children do not attend unless there is an earlier written agreement for their involvement. Attorneys do not typically attend with their clients, and additional parties are not allowed in the session unless it is a legal guardian who is needed to help a party understand the issues. The mediator guides the parties through the process and rarely to the parties speak directly to each other. Breaks are allowed when needed. The mediator tried to make the session as comfortable for the parties as possible.
Each circuit has local rules which indicate the time that parties must take part in mediation. The time can be used in one session or multiple sessions. Parties should plan for spending up to three hours in their initial session.
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