Shuttle mediation is a physical type of removal. There are a number of ways to do mediation. One is direct where you direct the people where they’re going to go. One is you sit back and let them talk to you. Another way is more gentle and more probing like a psychologist would do as […]
Mediation Issues
Is mediation a good option for high-net-worth clients looking for privacy?
Exactly, that’s one of the reasons. I’m doing a case right now, a mediation between two people where they do have a high net worth but they also realize that they want to keep as much money in their family as possible. What they’re doing is kind of a blend – it’s not a collaborative […]
Can mediation be used in very high-net-worth cases?
Yes, it can. But most lawyers would not send their high-net-worth lawyers to a mediator because they’d rather litigate it. With 30 years of experience in family law, Laura M. Urbik Kern is a certified mediator and family lawyer who concentrates on dissolution, family and juvenile law, child support, and complex domestic relations cases.
Is mediation suitable for a case with very complex issues?
Yes. Mediation is used across the United States by companies and by individuals to try to resolve their problems. Imagine a company that’s worth a billion dollars and they have a problem. They mediate it. Why couldn’t we mediate a divorce case? The key is that all the information is on the table. With 30 […]
What do you do when couples ask you to act as their mediator and they’re not going to hire lawyers?
I would tell them that I would be happy to mediate their case and give them a letter stating what they agreed to, but they’re going to have to have somebody draft it. Somebody should get a lawyer to draft it because I can’t do that. With 30 years of experience in family law, Laura […]
Is it necessarily for a divorcing couple to each hire a lawyer to review the agreement before the couple signs it?
Not necessary, but they should just to be absolutely sure. The caveat to that is that if it’s a financial mediation, what went on in mediation is not necessarily what the law would have given the people. However, the people are comfortable with the agreement that they worked out. The lawyer then gets involved, and […]
Does the mediator typically draft the divorce agreement?
In Illinois, it is not allowed. The mediator is supposed to just send a letter stating the agreement to the other attorneys, and then the attorneys would draft it. On occasion, rare occasion, the attorneys will both agree and the parties will agree that the mediator should draw up the agreement. But, for the most […]
What can someone do to prepare for the divorce mediation process?
You have to know what your goals are. You have to be prepared to figure out in your own head what you want and what your goals are. Those are two different things. We want to have a stable life, but our goal is that we survive. Those are two separate things, right? That happens […]
Is mediation more or less expensive than other forms of dispute resolution?
Usually the lawyer would charge the regular hourly rate, which in our county is anywhere from $250 an hour to $450 an hour. If you’re court-appointed, it is less expensive. The court sets the rate at $225 an hour. It can be less expensive in the long run if you have one half of the […]
When is mediation a better choice than going to court?
Always 100%. Because even if you go to mediation and you don’t walk out with an agreement, you now know where the other person is coming from in their head and vice versa. That sometimes makes it easier to try to get the parties to be focusing on the goals that they’re trying to reach, […]
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