WEDNESDAY, JULY 10, 2019 | SERVING CHICAGO’S LEGAL COMMUNITY FOR 164 YEARS | CHICAGOLAWBULLETIN.COM VOLUME 165, NO. 133 Mediation works in divorce — and sometimes in avoiding it While once an anomaly, mediator (perceptiveness, Unlike counseling, mar- alternative dispute resolu- impartiality, empathy, cre- riage mediation is a short- tion has become de rigueur ative problem-solving, per- term process, lasting several in divorce cases. Couples suasiveness, ability to hours to several sessions. are drawn to mediation and reframe, etc.) are instrumen- This may appeal to couples collaboration both because tal in helping parties over- for financial as well as effi- of the benefits to the family come their differences to ciency considerations. — reduced cost, confiden- reach a needs-based agree- Whereas third-party tiality, predictability of out- ment. experts are less common in come and efficiency — as What if that same skill set a therapeutic setting, profes- MODERN well as a means to avoid the was brought to bear on dis- sionals such as child special- emotional and financial toll putes before a marriage FA M I LY ists or financial advisers are and uncertainty of litiga- becomes irretrievably bro- commonplace in media- tion. ken? KAREN PINKERT-LIEB tions. Unlike traditional ther- Where litigation is by defi- In cases where marital apy, marriage mediation can nition an adversarial system, counseling has been unsuc- result in a written agreement KAREN PINKERT-LIEBis a senior the goal of divorce media- cessful or one party prefers between the parties, avoid- partner at Schiller, DuCanto & tion and collaboration is to not to participate, marital ing misunderstandings and Fleck LLP. Named the No. 1 preserve an ongoing rela- mediation could be a viable clearly defining the plan of woman divorce attorney in tionship between the alternative. Similarly, not Illinois by Leading Lawyers, action. parties. unlike mediation of profes- Pinkert-Lieb concentrates her Contrary to popular belief, This is particularly critical sional differences among practice on complex custody many divorce lawyers aren’t when children are involved. business partners, media- and financial cases. In addition in the business of breaking to marital dissolution cases, she Where litigation is posi- tion of a couple’s less-funda- up marriages that can be sal- also focuses her practice on the tional, collaborative and mental disagreements may vaged. Like the Hippocratic areas of pre- and postmarital mediated negotiations also be appropriate long Oath, many of us subscribe agreements, civil union focus on the needs and before marital therapy is to the philosophy of “first, dissolutions and complex interests of each party. needed. parentage. She can be reached do no harm.” When each party’s’ needs There are some important at kpinkert-lieb@sdflaw.com. Marital mediation, like are met, he or she is more differences between coun- divorce mediation before it, likely to follow through seling and mediation. A not intended to be thera- will likely become a main- with the terms of the agree- mediator is trained in the art peutic nor is it focused on stream tool for couples ment, reducing post- of impartial facilitation of emotions; rather, it is interested in a practical divorce disputes. agreements, not psychother- designed to facilitate resolu- method of conflict resolu- The skills of the seasoned apy. As a result, mediation is tions. tion. Copyright © 2019 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.