Should I Work With a Mediator During My Divorce?

 Posted on February 16, 2023 in Family Law

Divorce mediation is a process during which divorcing spouses discuss unresolved divorce issues and look for mutually-agreeable solutions. It can be used to resolve disputes about child custody, division of assets and debts, spousal maintenance payments, and other issues that come up during a divorce. Mediation can also help divorcing parents communicate better and provide an opportunity to create a workable post-divorce parenting plan. This blog will explain the advantages of mediation for divorcing spouses in Illinois as well as the limitations of mediation as an alternative resolution method.

Basics of The Divorce Mediation Process

When divorcing spouses can agree on the terms of their divorce and avoid the courtroom, they can save significant time and money. The divorce mediation process helps couples reach a mutually acceptable agreement in a non-adversarial environment with the help of a trained, neutral third-party mediator. During mediation, both spouses are given the opportunity to present their own positions as well as any concerns about children or finances. The mediator then helps facilitate discussions and encourage compromise. The mediator does not make a decision or pass judgment on either party's position—rather, they help the parties devise an agreement that is acceptable to both of them.

• Mediation can be beneficial for divorcing couples in several ways:
• Mediation is usually less expensive and time-consuming than litigating a divorce in court.
• The mediation process helps keep communications open and fosters cooperation between the spouses.
• Divorcing spouses can move on with their lives more quickly if they can reach an agreement outside of court.
• Mediation often leads to better relationships between the former spouses.
• Mediators can provide divorce education and help divorcing couples understand their rights and obligations.
• Mediation is confidential, unlike a divorce trial.

Possible Limitations of Mediation

Mediation can be a powerful tool during divorce. However, this alternative resolution method is not appropriate for every situation. If one spouse is abusive or extremely controlling, mediation is not recommended, as it might put the abused spouse at an unfair disadvantage. Mediation will not work if one or both spouses are completely unwilling to compromise on any issues or if the spouses cannot communicate effectively. Mediation alone may be inadequate if there are very complicated financial issues or legal issues to contend with during the divorce.

Contact Our Hinsdale Divorce Lawyers

If you are getting divorced, a mediator may help you and your spouse negotiate issues like child custody, spousal support, and asset division in a productive and cost-effective manner. However, mediation does not replace personalized guidance and legal representation from a skilled divorce attorney. To learn more about your divorce options, contact the DuPage County divorce attorneys at Law Office of Martoccio & Martoccio. Call 630-920-8855 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51