Tag Archives: mediator
WHAT ARE THE DIFFERENCES BETWEEN MEDIATORS AND ATTORNEYS?
A mediator is a neutral third party who assists parties in navigating their legal differences by creating a forum for open dialogue. Mediators can also draft legal documents detailing agreements reached by the parties but do not represent either party. Mediators are utilized out of court for the purposes of negotiation and for facilitating a dialogue that will hopefully be productive. While they may be attorneys by trade, mediators cannot later be retained by a party to represent them in court proceedings if the mediator previously attempted to mediate the dispute at hand. A mediator will not go to court and argue for or against any party. Conversely, an attorney represents one party, and will zealously advocate for the party they are representing. While an attorney’s job is to advocate on behalf of their clients, an attorney can take a meditative or cooperative negotiating approach to working with the opposing party.
Regardless of whether you will be participating in mediation on a voluntary basis or through a court order, it is important to maximize your time to achieve the most desirable outcome. Even though mediation is a collaborative effort intended to bestow mutual accord, this does not mean it will be smooth sailing, or even that any agreements will be made. Successful mediation requires a lot more than two opposing sides sitting in a room, here’s how to get the most out of it:
Come to mediation with a plan…
A mediator can facilitate an agreement between two parties. A mediator also provides a bipartisan outlook and professional recommendations that you may have not been able to recognize through your own clouded judgments and predispositions. But most importantly a mediator can save you money! Mediators are arguably the most cost effective legal alternative to civil litigation.
Have you ever heard the saying, “the power of the people?” The same intrinsically applies to the concept of mediation. In mediation, the mediator assists in setting the tone, gathers both sides of the equation and tries to find a middle ground to satisfy both parties. Skilled mediators have the ability to understand the root cause of hate/hurt/helplessness and turn it into happiness.
WHAT CHICAGO FAMILY LAW FIRMS MAY NOT TELL YOU
It has become increasingly undeniable that we live in a very litigious society. Even with simple tasks such as entering to win a free cup of coffee, getting a new credit card or signing up for an email list, you are bombarded with extensive, confusing legal jargon. Moreover, when dividing assets during a divorce or negotiating child custody arrangements, things can get really convoluted to a lay person. We certainly can’t change the way the world works, but we can try to bring some simplicity into your lives, by sharing information on what many Chicago family law firms may not tell you.