MEDIATION

Mediation is a dispute resolution process where the parties hire a neutral facilitator (mediator) to assist them in reaching a resolution to conflict. The mediator is hired by both parties, and the process requires agreement and participation by both parties to be successful.

At KCFL, we are focused on making sure each client and each participant to mediation has the amount of support they need to feel confident and as comfortable as possible. Our Mindful Mediation approach starts with each person completing an Individual Support Worksheet. The worksheet takes a holistic and values-based approach to preparing for what might be the most difficult conversations spouses ever have. We then schedule individual meetings with each spouse to go over their goals and concerns, to assess if additional support is needed for an individual or the mediation process, and to prepare for our first joint meeting together. After the individual sessions are complete, your KCFL mediator will set out a plan for mediation, schedule the first joint session, and provide an agenda for that meeting.

While there is no requirement that you have attorneys for mediation, family law conflicts are, in part, a legal process, and you may want to discuss certain legal topics and obtain legal advice from an attorney. This is one type of support we will discuss at your initial individual meetings. Moreover, if you are mediating a divorce, at the conclusion of your mediation, there are several legal documents that must be submitted to a judge to finalize the divorce. Most people appreciate having attorneys prepare and guide them through these steps of the process.

No. When we serve as mediators, we are necessarily neutral and representing both parties to a dispute. Attorneys can only be hired by one person and cannot represent both parties where the law perceives their interests to be adverse. In Illinois, spouses experiencing family law conflicts are perceived to have adverse interests—even if you are in full agreement on how you wish to proceed. By becoming an attorney, we would jeopardize our neutrality and therefore our ability to be successful mediators.

While we will work diligently to make sure you receive all of the information and support you need to make informed decisions, we will not provide you with legal advice. Legal advice is distinct from legal information because we would be advising you on what to do with the information; doing so jeopardizes our neutrality as mediators. If obtaining legal advice feels essential to making a decision, then we will help you find mediation friendly attorneys to assist you.

Mediation can either occur at our office in the Ravenswood neighborhood of Chicago or over Zoom. We will assess what works best for everyone during our initial meetings.

Because both parties are retaining us for mediation, there is a presumption that both parties will be equally (50/50) responsible for the fees. However, we can discuss specific concerns about his during our initial meetings. We use an hourly rate of $365 for mediation, and we typically ask for an initial retainer of about $2,500.