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What Can I Do if My Divorce Mediator is Biased?
In times past, the stereotype of divorce was that of an angry, prolonged courtroom battle. Spouses lobbied insults at each other over the heads of their attorneys, while the judge banged the gavel and called for order.
If that ever was the case, it certainly is not anymore. Judges in Illinois want to see couples do their best to solve problems on their own, without the help of a court. Although court intervention is possible and sometimes necessary, divorces with the best long-term outcomes are those in which a couple is able to negotiate important issues outside of court, using divorce mediation if necessary.
Of course, in order to work towards a fair divorce decree, everybody has to be negotiating in good faith. That includes the mediator. Most mediators are careful, wise, and experienced divorce attorneys who understand what it takes to get a reasonable agreement out of a disagreeing couple. Mediators are not perfect, however, and sometimes they run into the same personal biases that the rest of us do. If you are trying to pursue divorce mediation and have a hunch that your mediator is turning the case against you, it is important to take action. The outcome of a divorce decree has the potential to impact you for the rest of your life. Contact our Illinois divorce attorneys today.
Who Can Be a Divorce Mediator in Illinois?
Who you get as a divorce mediator depends on the route you pursue in your divorce. If you are ordered to attend mediation by the judge in your divorce case, you and your spouse will need to choose someone from a list of court-approved mediators. If you cannot agree, the judge will choose one for you.
However, many couples know in advance that they are going to need help coming to a resolution in their divorce decree. These couples proactively seek out a divorce mediator to help them agree about important issues such as:
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Parental responsibilities (custody) and parenting time (visitation)
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Asset division
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Alimony
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Child support
Illinois does not require someone to have any kind of certification or training to be a divorce mediator. This may be surprising to people who assume anyone who calls himself or herself a divorce mediator is a licensed, experienced divorce attorney with appropriate training, but this is not necessarily true.
Can a Divorce Mediator Be Biased?
Because just about anyone can call themselves a divorce mediator, there are definitely unscrupulous mediators who do not have the experience or temperament to help couples solve complex problems during times of heightened emotional distress. Of course, even the best, most qualified mediator is only human, and may be unable to separate personal issues and beliefs from the divorce at hand.
This certainly leads to cases in which mediators are biased against one party or the other during the mediation process. This is why it is so important to have your own attorney guiding you throughout your divorce. Attending mediation is not legally binding until you sign an agreement, so if you are skeptical about whether a proposed divorce agreement is in your favor, wait to sign it until you talk to us.
Contact our St. Charles, IL Divorce Mediation Lawyer Right Away
Divorce mediators are meant to be neutral, but they are regular people, with all the faults and biases that anyone else might have. A biased mediator can negatively impact the outcome of your divorce, so if you believe that your mediator is biased against you, speak to our team right away. At Shaw Sanders, P.C., Attorney Shaw is a certified mediator and has helped many couples resolve their differences successfully. We offer free consultations so you can see if our Kane County, IL divorce mediation attorney team is a good fit for you. Learn more by calling 630-584-5550 now.
630-584-5550