Pros and Cons of Mediation During Divorce

 Posted on March 18, 2021 in Family Law

IL divorrce lawyerMediation is an option for couples that are going through a divorce and want to avoid litigation. During mediation, the couple meets with a mediator who is a neutral third party. The mediator’s main job is to foster compromise between a couple so they can reach an agreement on all terms of the divorce and avoid a trial. For many couples, mediation has many benefits, but there are some drawbacks to the process, as well.

The Pros of Entering Mediation

Mediation during divorce holds many benefits for the couple going through it. Some of the biggest benefits include:

  • Cost-effective: Mediation is typically less expensive than going to trial. In fact, mediation is said to save couples as much as 60 percent during a divorce. One reason mediation is so cost-effective is because costs, such as court fees, are not required and because mediation is generally a much quicker process than litigation.
  • Confidential: Mediation is also confidential, which is not the case for litigation. Court records are public and so, anyone can look up the records or transcripts. It is true that people do not typically go searching for the court records of a couple once they have gotten a divorce, but if confidentiality is important to you, mediation may be something you want to consider.
  • Control: During a divorce trial, a judge will make all of the decisions and their ruling is final. While you can seek modifications from the court in the future, you will have to live with the judge’s decision for some time. During mediation, on the other hand, the spouses have total control over the process. Although the mediator is there to help the individuals reach an agreement, they do not make any decisions. That is left to the couple, which can result in both spouses feeling as though they benefited from the final agreement.

It is true that mediation holds many benefits for couples, but there are some disadvantages to it, as well.

The Cons of Entering Mediation

Mediation does not have as many downsides as it does benefits, but there are some. These include:

  • Environment: Mediation does not have the same procedural rules as trial, and this can hurt a spouse if they feel as though they cannot voice their concerns or their desired outcome. When a divorce case goes to trial, both spouses are represented by a lawyer, which is not always the case with mediation. A lawyer will speak out on their client’s behalf, which is why it is most beneficial to enter into mediation with the help of an attorney, as well.
  • Inappropriate: In most cases, mediation is entirely appropriate, but that is not always the case. If one spouse is suffering from a substance abuse problem or is the victim of physical or emotional abuse, mediation is likely not appropriate.

Our Divorce Lawyers in DuPage County Can Advise on Your Case

Mediation is helpful to many couples, but it is true that it is not for everyone. If you are getting a divorce, our knowledgeable DuPage County divorce lawyers at the Law Office of Martoccio & Martoccio can advise on your case. Call us at 630-920-8855 or fill out our online form to schedule a free consultation and to learn more about how we can help.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

 

Share this post:

Recent Blog Posts

Categories

Archives

Free Initial Consultations

phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

© 2024 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience

X