Perhaps you are being sued over wages, a quarrel with a neighbor, dissatisfaction with a faulty product or service or a matter involving family law such as custody. If you’re involved in litigation and it doesn’t seem to be working, it may be time to try mediation – no matter which side of the issue you’re on.

Generally, mediation is less time-consuming and more cost-effective than a formal court trial. Both parties must consent to participation in the mediation, which is usually conducted by a mediator or neutral third party who is impartial and unbiased.

Lawyers can help in mediation in many ways:

• Act in trained, experienced mediator capacity
• Serve as consulting advisers to their client to ensure that their legal rights are met– even if another lawyer is serving as the mediator
• Help select the most appropriate method of alternative dispute resolution, such as mediation, arbitration, collaborative law, using a private judge or a pre-trial settlement conference
• Help select a mediator
• Encourage the opposing party to consider mediation
• Coach on legal issues by clarifying questions
• Assist in preparation for negotiation
• Counsel you on the legal claims you may have, review and written agreements, and help you determine whether you want the document to be legally binding
• Prepare necessary court documents to finalize the case

You can do legal research on your own, but a lawyer can help provide answers that are specific to your case.

Lawyers who serve as legal advisors should be licensed to practice law in Illinois, have a good reputation, and be supportive of the mediation process.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.