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Turning the Tide: How Court-Ordered Mediation Helped a Couple Find Common Ground

June 2024

In a recent case, a husband and wife faced an unexpected challenge in their divorce proceedings. After retaining separate attorneys and preparing for their first court date, they were taken aback when the judge admonished their legal representatives for not addressing the crucial issue of parenting matters. To their surprise, the judge ordered them to attend court-ordered mediation with Erin Birt, our experienced mediator at Birt Family Law.

Court-ordered mediation in DuPage County typically includes three hours of mediation and one hour of the mediator's administrative time, such as preparing summaries of agreements. The couple found themselves not only burdened by the substantial retainer they had paid their attorneys but also facing an additional financial obligation for the mediation process. Their frustration was compounded by their dissatisfaction with the service provided by their attorneys and the feeling that their attorneys should have either prepared them for this mediation or handled the parenting matters themselves.

Erin Birt recognized the complexity of the case, both legally and emotionally. The couple was upset and unprepared to engage in the mediation process, which could have been a significant barrier to achieving a resolution. To address this, Erin implemented a strategic approach to help each parent find their footing and feel more comfortable.

Understanding that the mediation could feel overwhelming, Erin began by holding separate meetings with each parent. During these individual sessions, she provided a space for them to voice their concerns, complaints, and goals regarding their elementary-aged child. Erin's compassionate and educational approach helped them understand the mediation process and what information needed to be discussed and decided.

The separate sessions were crucial in helping each parent work through their anger and confusion. Erin's ability to slow down the process and provide individualized attention allowed them to reflect on their goals and prepare for the joint session. When they finally came together, they were better equipped to discuss difficult issues, listen to each other, and adjust their initial positions.

This careful preparation paid off. Armed with their own checklists and summaries of discussions, the parents returned to mediation and successfully resolved their parenting issues within the allotted three hours and 30 days. They were able to create a plan that worked for their daughter and themselves, and they appreciated the support Erin provided throughout the process.

In the end, the mediation not only facilitated a positive resolution but also fostered a valuable relationship between the parents and Erin. The couple left with a sense of empowerment and a mediator they could trust, potentially helping them avoid future court conflicts.

This case underscores the importance of effective mediation and the role of a skilled mediator in navigating the complexities of divorce and parenting matters. Erin Birt's approach turned a challenging situation into an opportunity for growth and resolution, demonstrating the power of mediation to bring about meaningful change.

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Practice area(s): Mediation

Court: DuPage County

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.

Family Centered Divorce ∙ Mediation ∙ Co-Parenting

Birt Family Law is the family centered law and mediation practice with a focus on Restorative Divorce; offering creative and supportive legal and mediation solutions with one goal: keeping the separating family out of court and working together towards a positive resolution.

We offer multiple options to achieve this goal including mediation, coaching, co-parenting strategies, and Restorative Divorce services. 

Are we the right fit for you?

Birt Family Law is committed to keeping the separating family out of court and working together towards a positive resolution.

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