What is family and divorce mediation?

In mediation, with the help of a trained, accredited mediator, the parties negotiate directly with each other to reach an agreement. The mediator is a neutral party whose function is to facilitate negotiations by identifying issues, exploring potential solutions and discussing with the parties those matters that should be addressed in a written memorandum of understanding representing an agreement of the parties. The mediator does not represent either party in the process. Mediation is appropriate in many family-related areas, including divorce, parenting arrangements, child support, spousal support, property division and debt allocation, interfamily business relationships and pre- and post-marital agreements.

If we can’t get along, how can we mediate?

In order for a couple to mediate successfully the terms of their separation or divorce, they do not have to be best friends. Marital and family difficulties are often accompanied by feelings of anger, distrust and a breakdown in communication between spouses and family members. A skilled mediator can diffuse negative feelings and help each party present his or her needs in a way that the other can hear and understand. This enables the parties to fashion an agreement acceptable to both. After the agreement is reached, the mediator will draft a memorandum including the terms of such agreement to be provided to the parties’ respective attorneys. If the parties choose, their respective attorneys may be present during mediation sessions; however it is not required.

Is mediation a substitute for having an attorney?

Mediation does not eliminate the need for lawyers. Mediation simply changes the role of lawyers from adversarial negotiators to legal consultants. Throughout the mediation, parties are encouraged to consult with their own attorneys if they have questions about their legal rights. Parties who have not consulted a lawyer during the process often choose to have the final agreement reviewed by their own legal counsel before signing it. Legal counsel for the parties would then present the agreement to a court for approval as part of a Judgment of Dissolution of Marriage to complete the divorce. In the event mediation involves issues that occur after a Judgment of Dissolution of Marriage has been approved and entered by a court, the agreement would be presented as part of an order to be approved and signed by the court. Mediation substantially reduces fees by limiting the lawyer’s function to serving as a legal consultant during the mediation process, reviewing the final agreement and presenting the same in proper form to a court.

The advantages of direct negotiation

Direct negotiation expedites the resolution of issues and can result in better long-term communication between parties. Many couples with children report that participation in mediation has improved their ability to resolve on-going issues concerning their children after divorce. Additionally, children of parents who mediate often adjust better to their parents’ divorce.

Is mediation right for me?

Yes, it is if you are seeking to avoid a contentious, protracted and expensive divorce and you are willing to come to mediation to attempt in good faith to resolve your differences with your spouse. By agreeing to mediate, you do not relinquish any of your legal rights, and the mediation can be discontinued at any point if you, your spouse or the mediator feel that the process is unproductive.

It should be noted that complicated finances do not preclude mediation in a divorce. The parties may retain accountants, financial planners or other professionals to advise and assist them through the process of valuing assets and structuring an agreement.

Background and credentials for Maria Gonzalez

Ms. Gonzalez is an experienced family law attorney. She is committed to helping couples resolve issues surrounding their divorce in an equitable manner without court intervention. She has received mediation training and accreditation by the DePaul University Center for Dispute Resolution.

In addition to serving as a mediator, Ms. Gonzalez represents clients in negotiated divorce settlements and prenuptial agreements. Ms. Gonzalez’ substantive areas of practice include family law and employee benefits law.

Ms. Gonzalez received her bachelor’s degree summa cum laude from Millikin University in 1984 and her law degree from the University of Illinois at Urbana-Champaign in 1987. She has been admitted to the Illinois State bar and the Federal Courts in the Seventh Circuit Court of Appeals and the Central District of Illinois.

How do I get started?

If you would like to explore the possibility of mediation, please call (217) 245-6177 to schedule a free telephone consultation.