Mediation in Divorce

 Posted on September 26, 2014 in Family Law

Divorce can be an overwhelming process in every aspect. Feeling overwhelmed emotionally, financially, and even physically is not uncommon during a divorce case. As two spouses end their legal union, many complications can arise. Even the most straightforward divorce matter can become quite complex very quickly, and may require a professional with a significant knowledge of Illinois law. Sometimes, it seems that only a judge at trial can resolve these complications. However, an alternative dispute resolution method, mediation, is often used with great success while saving each spouse significant legal costs. Not every case can be resolved through mediation.

What Is Mediation?

Simply put, mediation is a way to resolve major divorce issues in an efficient and straightforward manner. Usually, both divorcing spouses and their attorneys are present at a mediation session. A neutral third party (often another lawyer or retired judge) serves as the mediator and facilitates the conversation. Unlike an arbitrator, a mediator does not make final decisions for the parties. During a mediation session, the two parties (either directly or through their lawyers) discuss unresolved issues such as child custody, child support, alimony, or property division. The goal of mediation is to quickly and mutually decide issues that otherwise could take weeks, months, or even years to resolve.

Should I Pursue Divorce Mediation?

Mediation can be a useful legal tool that allows each party to creatively come up with divorce solutions. However, not every divorce case should go through the mediation process. For mediation to be successful, each party needs to be willing to solve tough issues outside of a courtroom. Both parties must be willing to trust the mediator’s guidance through the process. Additionally, each spouse must have a goal of making an out-of-court agreement. The whole purpose of mediation is to avoid going through unnecessary litigation, if the parties can actually come up with an appropriate agreement. An experienced DuPage County family lawyer can examine your unique circumstances to help you reach a decision about mediation.

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