What is Mediation and Arbitration?

May 26th, 2020 by Tiffany Hughes

WHAT ARE THE DIFFERENCES BETWEEN MEDIATION AND ARBITRATION IN A DIVORCE CASE IN ILLINOIS?

Mediation and arbitration are two alternatives to divorce, rather than a more traditional judicial setting such as through the court system. Through either mediation or arbitration, the parties are able to tackle either the entirety of their divorce or just specific issues that can’t be resolved. If you think you may be interested in utilizing mediation or arbitration in your divorce case, you should contact the family law attorneys at The Law Office of Tiffany M. Hughes to find out what may work best for your specific situation.

 WHAT IS MEDIATION IN ILLINOIS?

Mediation is the process by which a neutral third-party mediator helps the parties resolve the disputes of their case. The mediation process can look different for each set of participants depending upon their specific needs, but typically involves either a joint session with the mediator, caucus sessions where the parties are in different rooms and the mediator travels back and forth, or a combination of the two. The mediator helps the parties to explain their positions on the issues at hand and encourages amicable resolution in the form of a written mediation agreement. Any agreement reached will not be legally enforceable until it is entered with a judge. However, mediation is a great way to resolve issues when both parties are willing to settle. As is best in any divorce case, the more that can be resolved and agreed upon between the parties, the less that will be left for a Judge to decide.

Although mediation is a great tool for settlement, its imperative that you have a Family Law Attorney to assist you throughout the process. At The Law Office of Tiffany M. Hughes, we provide you with strategy and knowledge so that you are aware of your legal rights prior to any mediation session. We also assist client’s by attending the mediation session and drafting the final agreements reached.

WHAT IS ARBITRATION IN ILLINOIS?

Arbitration is a form of alternative dispute resolution in Illinois divorce cases. If you find that you are seeking a more “permanent” resolution to your case outside of the traditional judicial setting, you may choose to consider arbitration. The main difference between mediation and arbitration is that an arbitrator has the authority to make decisions about the dispute(s) in question. The decision of the arbitrator can be either binding or non-binding. A binding decision of the arbitrator is most similar to a judicial ruling in that it can be enforced in a court of law and can only be appealed on narrow grounds. A non-binding decision of the arbitrator has the effect of what is called an advisory opinion. An advisory opinion is a non-enforceable opinion and can only be enforceable if it accepted by the parties and later drafted into a final executed agreement by the parties.

Overall, the process of arbitration is similar to a judicial trial. Parties (or their attorneys) are able to make arguments and present evidence on their positions. Ultimately, the arbitrator will make a decision based on their findings. Some arbitrators may give a reason as to why they decided the way that they did, but this is not mandatory.

One major benefit to arbitration, as opposed to a judicial trial, is that an arbitration can be much quicker. This is largely due to the fact that the normal rules of evidence (which must be followed in a judicial trial) do not need to be followed in an arbitration proceeding.

WHAT ISSUES CANNOT BE ARBITRATED?

Although arbitration is an option in a divorce case, it’s not typically used. There are many public policy violations that can exist when you try to privately contract away or limit rights relating to child custody or child support in Illinois. Therefore, arbitration cannot be used in situations involving child custody or support because the law in Illinois severely limits these issues. See, e.g., In Re Marriage of Best, 387 Ill. App. 3d 948, 951 (2009). This is the same reason why prenuptial agreements in Illinois cannot contain issues relating to future child support or child custody. Before you consider arbitration, be sure to contact The Law Office of Tiffany M. Hughes to determine whether this is the best course of action for you and your family.

CONTACT US TODAY

The Family Law Attorneys at The Law Office of Tiffany M. Hughes, P.C. have in-depth experience with mediation and arbitration as well as the ability to help determine whether or not either of these methods is advisable for your specific case. With our experience with the mediation and arbitration process, we have been able to successfully settle complex cases for our clients.  If you are considering mediation or arbitration in Cook, Will, DuPage, Lake, McHenry, Kane or surrounding counties, contact us today to schedule your complimentary consultation at 773-893-0228.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complementary consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.