Blog

Using a Divorce Mediator in Chicago IL to Maintain Privacy

The realization that one’s marriage has suffered irreparable damage is devastating.  After a couple has spent years building a life together, it is traumatic to see their life fall apart.  Many couples are understandably uncomfortable with the idea of going to court and discussing their marriage and their issues publicly.  Fortunately, a divorce mediator in Chicago Illinois provides these couples with the opportunity to finalize their divorce while maintaining privacy.  A divorce mediator in Chicago Illinois meets with the parties outside of the public court room to provide them the privacy they need to discuss resolution of their case.

During divorce mediation, the mediator serves as a neutral party.  The parties disclose their positions to the mediator, and the mediator facilitates conversations about ways for the parties to meet in the middle and resolve their issues.  Once issues have been settled, they will become part of an enforceable court order that the parties must follow.  Mediated issues are typically incorporated into a Joint Parenting Agreement and a Marital Settlement Agreement.

Each party may also ask to discuss certain issues about each other with the mediator privately.  In court, the parties must disclose negative statements and concerns about each other while in each other’s presence.

Mediation takes place outside of court, and it is a private event.  It is not a public hearing like most family court proceedings.  Additionally, a court reporter is not present to record any statements the parties make, in contrast to court hearings.  In fact, the conversations that occur during mediation are kept completely confidential.  Mediators may not be called to testify at trial in the cases they have mediated, and the parties may not use their settlement discussions against each other in court at any time.  These safeguards allow the parties to be completely open and candid with the mediator as they discuss how they would like to see the case resolved.