Mediation Can Help You Resolve Divorce Issues Without the Need for Litigation

 Posted on August 24, 2019 in Kane

Have you decided to end your marriage? If you are like most people getting divorced, you probably have concerns about how time-intensive and expensive your divorce will be. There are many factors which influence how an Illinois divorce proceeds. If you and your spouse agree on how to divide marital property, share time and responsibility of your children, and do not have disputes about other divorce issues, your divorce will likely be fairly straightforward. However, if you and your spouse disagree about divorce issues, this will increase the amount of time and money your divorce will require. Divorce litigation can be especially expensive, so most people try to avoid it whenever possible. Fortunately, there are several alternatives to courtroom litigation which can help Illinois couples reach an agreement on divorce issues. One of these methods of dispute resolution is mediation.

How Divorce Mediation Works

Most divorcing spouses have disagreements about spousal maintenance, property division, child support, parenting issues, and more. If spouses cannot come to an agreement about these issues on their own, the court may need to intervene. In situations such as this, mediation can be an effective alternative to litigation.

Divorce mediation or family law mediation involves assistance from a neutral third party, called a mediator. The mediator’s job is not to make decisions for the couple or choose sides, but instead to facilitate productive conversations about the issues so that couples can reach a compromise. Mediators can help keep the conversations and negotiations between divorcing spouses on track and help prevent the discussion from devolving into fruitless arguments. Mediation can be court-ordered or voluntary.

Mediation May Not Work in Every Situation

While mediation is a wonderful tool that has helped countless divorcing couples minimize the expense and stress associated with divorce, it is not for everyone. There are some situations in which divorce mediation will likely be ineffective. If a couple cannot communicate about divorce issues without becoming aggressive or hostile, mediation may be unsuccessful. If one or both spouses refuses to cooperate or compromise, the case may require further court intervention. Furthermore, mediation is not recommended for couples who have experienced domestic violence or abuse in their marriage. A qualified Illinois divorce attorney can help you understand the many options you have for divorce dispute resolution and help you choose the course of action which is best for your unique situation.

Contact a St. Charles Family Law Attorney

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced Kane County divorce lawyers are trained in alternative dispute resolution, including mediation. We can help you decide whether or not mediation will help you achieve your personal and financial goals. Schedule a confidential case review and consultation by calling our office at 630-665-7300 today.

Sources:

https://www.mediate.com/articles/rossdivorce2.cfm

https://www.theguardian.com/lifeandstyle/2013/mar/12/mediation-takes-sting-out-of-divorce