Client Stories

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When Mediation Requires More Support

July 2025

A couple came to mediation in the Spring hoping to resolve parenting and financial decisions outside of court. Neither had been through divorce before, and both began without attorneys, coaching support, or financial guidance. Parenting discussions went smoothly at first, but budgeting and future planning quickly became difficult for one parent.

A Turning Point

During a session, that parent became overwhelmed while reviewing financial information. They left their chair and began pacing and crying. The session paused while the mediator assessed safety and offered support. The moment made clear that the challenge was not simply emotional stress, it was a capacity issue that would affect the ability to problem-solve.

Recommendations & Roadblocks

To support progress, the mediator recommended involving a financial neutral, and both parents initially agreed. Soon after, however, the overwhelmed parent declined to participate with the neutral. Without the necessary support to help process financial information, forward movement stalled.

Shortly thereafter, one parent communicated they no longer wished to continue. The other shared discomfort negotiating sensitive financial decisions without structured professional guidance. Mediation was formally closed.

What Made This Case Stand Out

The primary barrier was not conflict between the parents, it was readiness. Even with goodwill, effective mediation requires enough emotional and cognitive capacity to fully participate, along with the willingness to use professional support when needed.

Early recognition of this limitation prevented unsafe or lopsided negotiations and underscored the importance of involving the right team.

Takeaways

Mediation requires readiness.
When capacity is limited, progress becomes unsafe or impractical.

Support matters.
Financial, legal, and emotional guidance can make the process manageable.

Pausing is sometimes the right step.
Closing the case ensured both parents could regroup and pursue a path better aligned with their needs.

This experience reinforced that the success of mediation depends not only on intention, but also on preparation, support, and the ability to engage productively.

Reach out to start your journey with us. 

Stories are anonymized composites drawn from real themes present in our cases over the past six months. They are shared for educational purposes only. Results vary. This is not legal advice.

Recent Case Results

  • Mediation provided clarity and direction during a child’s medical crisis, helping parents align decisions, reduce fear, and avoid escalation. Read On

  • With structure and support, mediation helped a parent move from self-doubt to confident participation in shaping their future. Read On

  • This mediation story shows how adapting to each parent’s emotional pace helped a family move forward without pressure or resentment. Read On

Practice area(s): Mediation

Court: DuPage County

Erin Birt

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.

Protecting Your Children’s Future Starts Here

With 20+ years of courtroom and Guardian ad Litem experience, I understand how court decisions are made, what judges consider, and where the process often breaks down for families. My work focuses on helping parents avoid unnecessary court conflict whenever possible to minimize harm to children.

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We work with parents in two ways:

Individually, when one parent is seeking answers and legal guidance.
Together, when both parents are ready to resolve matters through mediation.

Both options are structured so you’re not waiting on the court system for next steps.

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.

The Law Firm of Erin N. Birt, P.C. (Birt Family Law)
The Law Firm of Erin N. Birt, P.C. (Birt Family Law)
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