There are many different avenues available for handling family law disputes. While Beermann’s attorneys have extensive litigation experience, a public courtroom is not always the best or most efficient venue to handle your case. Alternative dispute resolution, such as mediation, collaborative divorce, or arbitration, provide clients with a greater say in the process, a high degree of confidentiality, and often represent a more efficient and cost effective alternative to litigation.
We can help you find the best path forward for your family and have the resources necessary to help secure a positive outcome for you and your future no matter which method you pursue.
Most of Illinois’ divorce cases are resolved without the need for a trial, and at Beermann, we consider litigation to be a last resort.
However, when reaching a reasonable settlement to your dispute outside of a courtroom proves untenable, Beermann’s litigation team stands ready to guide you in first assessing your options, and then developing a strategy to reach your goals in court.
We will passionately advocate for you throughout the process and will counsel you every step of the way so you know what’s required to achieve your desired outcome.
Alternative Dispute Resolution
Collaborative law allows for a team-based approach to divorce, removed from the processes and procedures required of a traditional divorce. Unlike mediation or litigation, collaborative divorce utilizes a team of specially-trained professionals across multiple disciplines to help both parties to address their needs, while accounting for the overall needs of everyone affected by the process.
With that guidance, the couple does the decision-making, with a focus on achieving mutual goals and creating the best possible situation for everyone in the restructured family.
Mediation is an alternative to litigation, or at times a supplement to litigation, in which both parties meet with a neutral third party in an effort to settle the case.
The job of the mediator is to listen to the perspective of both parties involved in the dispute and guide them toward understanding each other’s point of view.
The mediator then facilitates the negotiation, with the goal of finding a voluntary resolution to the case and avoiding the time and expense of litigation. A mediator is not a judge and will not make decisions for parties. Rather, a skilled mediator will help parties identify each other’s goals and concerns and help parties themselves come to a creative solution for issues that otherwise would be decided by a judge.
Arbitration represents a middle ground between litigation and mediation wherein the parties will engage in a trial-like proceeding before a private arbitrator.
Similar to litigation, evidence is presented and witnesses may be called, but the process takes place outside of the public eye in a more informal and more expedited manner.
The proceedings culminate with the arbitrator issuing a ruling.
While arbitration decisions are generally binding, arbitration provides the parties with the ability to define the scope of an arbitration proceeding. In other words, they can agree to submit as many—or as few—issues to arbitration as they wish.