Lawsuits can be expensive, unpredictable and time-consuming. As a result, more and more people are turning to mediation and arbitration instead of formal court litigation. Mediators and arbitrators help the opposing parties come to resolution with little or no court involvement.
One growing area for this form of resolution is mediating divorce for business owners. Often the highest dollar value asset of an owner is the business that they have built. Many business owners do not want the public attention or contentious nature of a public divorce proceeding. Clients work with Attorney Tim Leighton as mediator to negotiate the terms of divorce, including how to allocate the business's value. This strategy does ultimately involve the formal filing of papers with a court. However, the private resolution often leads to a very brief court hearing and prompt dissolution of the marriage.
Another opportunity for mediation is when beneficiaries of a trust or an estate have significant disagreements with a trustee and/or executor. When the parties work through these differences through private mediation, they typically save significant amounts of time and money.
There are also other kinds of disputes that can be resolved through private mediation without incurring the time and costs of court-based litigation. Often the parties rely on the mediator to help identify ways to bridge differences and resolve disputes. Parties typically split the fees of the mediator, although they can also agree on other ways to allocate costs.
Attorney Leighton has years of experience serving as an arbitrator and mediator and serves as an arbitrator with the McLean County Arbitration Center as well as privately. When you are in need of a mediator or arbitrator, call us at (309) 828-7600 to schedule a courtesy consultation.