My Divorce Mediation Was Canceled! Is This The End Of My Chicago Divorce Case? Three Reasons Why Your Chicago Divorce Mediation May Have Been Tabled
A meeting of the minds regarding the terms of a divorce can be tricky. Like with many things, it can be hard to get two people to agree. Add to that phenomenon heated emotions, children, pets, assets, and finances, and the picture becomes even more controversial. Indeed, while many divorces can result in protracted conflict between individuals, many couples opt to “come to the table” in an attempt to resolve their divorce case. This private negotiation process, called mediation, allows the parties to spend a day (or sometimes less or more) going back and forth about the terms of the divorce, in hopes that at the end of the mediation, critical components can be settled on and memorialized in an agreement.
Mediations, unless court-ordered, are typically voluntary and, accordingly, the date, time, location, and mediator are usually agreed on by the parties to the divorce and their legal counsel. However, sometimes a mediation is canceled just as it comes up on the calendar, which can lead to confusion and stress. While a Chicago divorce mediation may be canceled for many different reasons, here are three common ones.
Reason #1: The Mediation is Actually Postponed, and Not Canceled
It is not unusual in most, if not all, types of legal cases for a mediation to be postponed. Sometimes the parties are not ready for mediation because not enough preparation has been done. Sometimes a simple scheduling conflict on the part of the mediator, the parties, or a party’s counsel can cause a postponement. Whatever the reason is, if the cancellation is a surprise to you, it is important to clarify whether the mediation has actually been canceled, or if it has just been postponed to another date to give the parties more time or to accommodate a scheduling conflict.
Reason #2: The Parties are Just Too Far Apart
Sometimes mediations are canceled because the parties to the divorce are just too far apart on what they want at the end of the day, and both sides make it clear that they will come to the table with nothing but non-starters. If the day will be a waste of time and money for everyone involved, it may be a good idea to cancel. It is important to keep in mind that most mediators charge at least a deposit for holding a mediation day, so there may be some mediation fees associated with the cancellation, if it is the parties’ decision to cancel.
Reason #3: The Parties Reach an Agreement Before Mediation
Although it is rarer than in the case of too much conflict before a mediation, sometimes the parties to a divorce are able to reach agreement on important divorce terms before mediation. If that’s the case, it is possible that the parties can conduct direct negotiations through their legal counsel.
Legal Representation by a Chicago Divorce Lawyer at Your Chicago Divorce Mediation
Whether your mediation has been canceled, or you haven’t even scheduled one yet, it is always a good idea to get your Chicago divorce case reviewed by a skilled and experienced Chicago divorce lawyer. The skilled and experienced Chicago divorce lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC, offer a confidential consultation to learn about your unique Chicago divorce case and to see if they can help. Contact Birnbaum Gelfman Sharma & Arnoux, LLC today to discuss your rights and options with an experienced Chicago divorce lawyer.