How Mediation Can Help Disputing Couples Reach an Agreement

 Posted on January 07, 2019 in Kane

If you are a TV or movies buff, you have probably seen many dramatic scenarios played out in a courtroom. In the movie Liar Liar, for example, a divorcing couple with children bitterly argues about who should have custody of the kids. During the divorce proceedings, the wife admits that she wants full custody of the children even though her ex-husband is a “wonderful father.” Although courtroom scenes in movies are usually highly exaggerated and dramatized, the truth is that resolving family law issues in court can bring out the worst in people. Sometimes, simply being in a court environment makes otherwise reasonable spouses argue every detail of their divorce. Fortunately, there is an option for Illinois residents seeking a divorce who wish to resolve their issues without court intervention. Mediation is an alternative to courtroom litigation which helps disagreeing parties amicably negotiate a practical agreement.

Benefits of Mediation Over Litigation

During mediation, a mediator helps disputing parties identify where their disagreements lie and explore various compromises and solutions. The mediator facilitates a calm, rational, productive conversation between the two parties.

Couples who feel a great deal of resentment for each other often have trouble discussing matters of child custody or property division reasonably. With the help of a mediator, the parties can better focus on what is really important and come to an agreement without resorting to fighting. Because the couple ultimately comes up with their own solution to their disagreements, mediation puts much more control in the hands of the disputing couple than litigation does. It is probably for this reason that more people comply with agreements reached through mediation than those decided by litigation. Individuals who participate in mediation are less likely to be brought back to court by a party who was unhappy with the outcome of a court decision. Another major benefit of mediation is that it is often significantly less expensive conflict-resolution method than litigation.

Voluntary Versus Court-Ordered Mediation

Some people are required to attend mediation to resolve divorce and family law issues and others voluntarily agree to mediation. A judge can require a divorcing couple to attend mediation. Most often, court-ordered mediation is assigned to couples who need to agree to a parenting plan that serves their children’s best interests. The main goal in this case is to help parents put their differences aside in order to formulate a parenting responsibilities plan that is reasonable and provides the children with a certain level of stability.

Work With a Kane County Family Law Attorney

Mediator Lynn Mirabella and the rest of the team at Mirabella, Kincaid, Frederick & Mirabella, LLC are here to help if you would like to learn more about mediation. To schedule your initial consultation with our St. Charles divorce and family law firm, call 630-665-7300 today.

Sources:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489