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Not all divorces end up going through a lengthy courtroom battle. In many cases, a couple may choose to enter mediation for their divorce, as it holds many benefits. During mediation, a neutral third-party mediator meets with both spouses and attempts to foster compromise so the two parties can come to a divorce settlement on their own, outside of the courtroom.
Mediation is typically less expensive and less time-consuming than other types of divorces and each spouse is generally more likely to follow the provisions outlined in the agreement. However, if you are considering mediation, preparation is still important to ensure you get the most out of it.
Mediation is very effective, but only when the two parties are willing to cooperate with each other. Mediation works best when you can identify your mutual interests with your spouse, and be willing to resolve your differences in a way that is satisfactory to each of you. If you are determined to remain adversarial or are unwilling to bend on every term of the divorce, mediation likely is not for you.
You should never show up to mediation sessions empty-handed. With so many different terms to work out, you and your spouse will both need to know where you stand. When working through property division and debt issues, you should have a list of assets that you own, as well as an outline of all the current debt you are carrying. If you have children with your spouse, you should also write down their schedules so that it is easier to come to an agreement on child custody and visitation issues.
Every divorce settlement agreement requires some give and take by each party involved. This means that you likely will not receive everything you want. Before entering mediation, it is crucial that you understand what is most important to you and what you are willing to relinquish to your spouse. This will provide you with clear objectives that will make compromise and settlement talks much easier. You may even find that your spouse has different goals and is more interested in different terms of the divorce. Knowing these objectives will make settlement talks much easier, which will likely mean that your divorce will be finalized sooner.
Many people think that they do not need the help of a lawyer if they are not going through litigation for their divorce. That is not true. Mediation is still a fairly complicated process and a skilled Hinsdale family lawyer can help you navigate it and negotiate a fair settlement. At the Law Office of Martoccio & Martoccio, our attorneys have the necessary experience to help you through mediation and, if it is not the right option for you, we can prepare you for the next stage of the process. If you are about to get a divorce, call us today at 630-920-8855 or contact us online to schedule a free consultation to speak to one of our knowledgeable attorneys.