Alternative Dispute Resolution

Berger Schatz Attorneys strive to help our clients.

While some situations call for litigating a divorce in an open court, parties who prefer a more private setting or desire more control over the outcome, look to Alternative Dispute Resolution (ADP). Alternative Dispute Resolution may involve mediation, collaborative divorce, or arbitration.

Mediation

Mediation allows parties to settle disputes with the help of a neutral third-party mediator in a private setting rather than in court. This has become the choice for a growing number of parties as it offers:

Privacy and confidentiality – Discussions take place in private, instead of in open court as there are no public filings. Information disclosed regarding family, assets, and business interests remain confidential.
Control – In litigation, a judge interacts primarily with the lawyers, determines when the parties will appear in court, and may only have a few minutes to review each case before ruling. In mediation, the parties control decisions about the timing of the resolution based on what is best for them and their family.
Creative solutions – A judge is bound by certain statutes on maintenance, child support, and other key decisions. However, with mediation the parties can address these issues creatively in the way that is best for their family.
Minimizing conflict – Litigation inherently pits each party against each other, which only fans the flames in an already high-stress situation. In mediation, parties can still disagree – even vehemently – but the focus shifts from solely anger, to finding solutions that work for both parties. Parenting and support agreements are more likely followed when both parties feel as if the outcome is balanced and unbiased.

Collaborative Divorce

Collaborative divorce is a process based on the principles of mediation that uses an interdisciplinary team to reach customized outcomes. In addition to the spouses’ attorneys, other professionals may be involved such as; a psychologist, financial planner, child specialist, etc. to provide information that can influence the parties’ decision-making process and settlement. Many Berger Schatz attorneys are certified collaborative attorneys and fellows of the Collaborative Law Institute of Illinois.

Arbitration

Arbitration is similar to a private trial. Meetings take place in a private conference room with the same confidentiality as mediation. A trained arbitrator presides over the setting following a strict system of evidentiary and procedure rules. The arbitrator’s decision is binding, and there is no option for appeal.