For same sex couples, conflict resolution, whether in the courtroom or outside the courtroom, can feel much more invasive than for heterosexual couples. Additionally, the law that governs heterosexual relationships is much more established and predictable.

 

 

 

In business breakups between same sex couples, there can often be emotional issues that may not be present in arm’s length relationships. Such breakups are often accompanied by a relationship breakup.  Further, the community that is familiar with the business’ services may be smaller and/or more intimate than in the business world at large. For these reasons, we at Solutions First understand that in choosing a lawyer or mediator to assist in these conflicts, there needs to be sensitivity to these nuances.  When hired to help in this situations, we make sure we elicit from the client his and/or her priorities, goals, and vulnerabilities.  This information provides the foundation for our future legal approaches and strategies.

Relationship Breakups:

For conflicts that involve strictly relationship breakups and/or children that have been adopted as part of these relationships, same sex couples are in territory that is as of yet ungoverned by much precedent.  Currently, there is legislation pending that would create the Illinois Civil Union Act (link to be provided).   Many of the same rights, protections, and, not to mention, pitfalls, of the Illinois Marriage and Dissolution of Marriage Act, would apply to same sex couples and parents.  When dealing with these very sensitive and charged concerns, we make sure our clients feel heard and encouraged to seek out all protections afforded to them.

Courtroom Litigation vs. Out of Courtroom Mediation:

Just as with heterosexual or unrelated relationships, our same sex clients have the choice of using our legal services to either pursue their rights in the courtroom in mediation. 

Litigation in the courtroom means we represent one client only and aggressively inform him/her of the realities of that process and what to expect in expense, time, and outcome.  No outcome can be guaranteed so we give educated and informed estimations of the possible outcomes and the legal strategies that best suit our client’s objectives and limitations. 

For those same sex clients who can engage in a cooperative approach, we offer mediation as an option.  Mediation is a private, negotiated approach to conflict, during which we guide the conversation and elicit creative problem solving solutions.  Mediation should not be confused with arbitration which is semi-judicial in nature and puts the decision making authority in a third party’s hands rather than in the clients’, which is where we believe it belongs.