Post-Decree Mediation

Beverly R. Tarr, LLB

Certified Divorce Mediator

Chicago, IL

Mediations are a voluntary process, unless you have a mediation provision in your original Judgment in which both parties must agree to participate in order for mediation to proceed. In the event the parties have said provision then the question is, has Beverly R. Tarr been named as the mediator in your Judgment? If she has been specifically named then please contact our office to schedule a preliminary consultation. In the event she has not been named, the parties will need to interview Ms. Tarr to mutually appoint her as their mediator.

The preliminary consultation usually lasts 45 minutes and the only issues the parties really need to consider at this stage, due to the fact it is post decree, is:

(i) Do we wish to move forward with Ms. Tarr (only if she is not named)

(ii) How do we best prepare for the mediation?

The parties will be better equipped to answer these questions after having spoken to Ms. Tarr at the preliminary session. At the meeting, Ms. Tarr will provide the parties with some helpful documents which will assist the parties in preparing for the actual mediation.

Prior to the preliminary consultation, Ms. Tarr requests the following documents:

(i) A copy of the original Judgment

(ii) Any and all Petitions that have been made subsequent to the Judgment that specifically address the issues that have led the parties to mediation.

Each party will need to retain an attorney at some stage which is a prerequisite in adopting Ms. Tarr's process and she will explain their role at greater length during the consultation. Due to the fact this is post-decree it is assumed the parties already have attorneys retained. As a mediator, Ms. Tarr is unable to advise as to the law as it undermines her credibility as a third party neutral. The attorneys have the option of attending the mediation session. This is a decision made by the parties in consultation with their respective attorneys. In the event one party would wish their attorney to attend the session, then both attorneys would need to be present so as to ensure there is an equilibrium of information in the room.

The attorneys must review the Memorandum of Understanding (agreement between the parties) which is drafted within 48 hours of the mediation session. The attorneys will take the final approved Memorandum of Understanding and draft it into an order which gets entered at court. This is why it is essential to retain an attorney.

Ms. Tarr adopts a mediation model whereby the parties attend her offices on hopefully only one occasion. She endeavors to resolve all post-decree issues in one day - however the parties will need to keep the whole day available. This is different to the usual mediation approach which is several sessions over several months.

Please contact our office for additional information or to schedule a consultation.