Exploring the Advantages and Limitations of Divorce Mediation

 Posted on June 10, 2022 in Main

If your marriage is nearing its end and divorce is inevitable, you may be interested in alternative resolution methods like divorce mediation. Mediation is a process during which divorcing spouses discuss divorce issues like asset division, child custody, and spousal support in hopes of resolving the issues amicably. Mediation can be beneficial for couples hoping to avoid stressful litigation. However, mediation is not a practical solution in every divorce case.

Mediation May Help Couples Identify and Resolve Disagreements

Divorcing spouses who can reach an agreement on the relevant divorce issues can save themselves time, money, and aggravation. During divorce mediation, divorcing spouses work with a specially trained mediator who facilitates constructive conversation about how to divide property and debt, what to do with the marital home, how to share parental responsibilities and parenting time, and other crucial issues.

When both spouses are motivated to reach a solution, forthcoming with information, and willing to compromise, mediation can be a fruitful experience. Some divorcing spouses are able to reach a mutually-agreeable settlement on all of the relevant divorce issues during mediation. Even if the spouses are unable to resolve every single divorce issue, mediation may help them identify the matters on which they agree and disagree, explore various solutions, and narrow down their options.

Mediation can be a powerful tool. However, mediation alone may not suffice in divorce cases involving extreme contentiousness, domestic abuse, or complex financial matters.

Litigation May Be Necessary in Complex and Contentious Divorce Cases

Sometimes, Illinois courts order divorcing couples to attend mediation – especially if there are children involved in the dispute. However, exceptions are made for spouses with a history of domestic violence, severe substance abuse, or other issues that make a spouse unable to advocate for his or her own best interests. If there has been abuse or violence between the spouses, mediation is not recommended because of the power imbalance that exists in abusive relationships.

If a divorce case involves complicated property or financial concerns or extreme contentiousness, mediation sessions may be insufficient. Spouses in this situation are encouraged to retain experienced divorce attorneys who can provide the specific legal advice and advocacy the spouses need.

Contact a DuPage County Divorce Lawyer

Divorce mediation can be a useful tool for discussing divorce issues and negotiating an agreement on property division, child custody, and other matters. However, mediation does not replace the need for an attorney.

At MKFM Law, our Wheaton divorce attorneys help spouses explore all of their options for resolving disputes and settling their divorce. We understand the value of mediation but also recognize that litigation may be necessary in certain cases.

In addition to being a skilled divorce lawyer, Lynn M. Mirabella is also a certified mediator with over three decades of experience. She and the rest of our team are ready to help you end your marriage in the most efficient way possible. Call our office at 630-665-7300 for a confidential consultation.

Source:

https://www.cookcountycourt.org/Portals/0/Domestic%20Relations%20Division/Mediation%20Changes/Mediation%20Screening%20Process%20and%20Assessments.pdf