When is Mediation Not a Good Idea for Divorcing Couples?

 Posted on March 31, 2019 in Kane

If you are considering ending your marriage, you probably have a myriad of questions. You may be unsure of what to expect during the divorce process or whether or not you will need to hire a lawyer. You may also wonder how cooperative or uncooperative your soon-to-be-ex-spouse will be during the divorce process. Unfortunately, you cannot control how accommodating your spouse will be during the divorce. Fortunately, you can control your own actions.

One of the best ways to help your divorce go as smoothly as possible is to educate yourself about your options moving forward. One option which is available to Illinois residents getting a divorce is mediation. Mediation can be a valuable tool for couples who wish to figure out divorce issues outside of litigation. However, mediation is not for everyone.

What Does Divorce Mediation Involve?

During divorce mediation, a divorcing couple meets with a specially-trained mediator who acts as a neutral third-party during discussions about divorce issues. A mediator does not make decisions for the couple but instead helps facilitate respectful, effective communication about these issues so that the couple can reach an agreement. A mediator can help couples decide how their property should be divided and make plans for child custody, child support, and spousal maintenance.

When Mediation is a Poor Idea

Mediation is not appropriate in every divorce. If your spouse is unwilling to negotiate the divorce settlement or compromise, mediation could possibly be a waste of time. Couples with a history of domestic violence may not be appropriate candidates for mediation either. If one of the spouses holds a great deal of power or control over the other one, mediation may be fruitless. Furthermore, most mediators will not even take a case if the souses have a history of domestic abuse because the mediator cannot determine if an abused spouse only agrees to a divorce settlement due to fear or intimidation. Sometimes, mediation is required by Illinois family courts. If you can show that there is a history of physical violence in the relationship, the court will excuse you from mandatory mediation sessions.

Contact a Kane County Mediation and Collaborative Law Attorney

If you want to learn more about your options during divorce, contact the experienced St. Charles family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC. To schedule a confidential consultation, call 630-665-7300 today.

Sources:

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