Considering mediation or collaborative law can be a way to resolve your family law dispute without going to court. Both mediation and collaborative law are alternative dispute resolution (ADR) processes that can help you reach a mutually agreeable outcome. However, there are some key differences between the two processes.

When considering either mediation or collaborative law in Illinois, it is important to speak to an attorney. They can provide more information about the process and to see if it is the right decision for you.

A Basic Overview

In mediation, a neutral third party called a mediator helps you and your spouse communicate and negotiate a settlement. The mediator does not make any decisions for you, but they can help you to understand each other's needs and interests. The process usually lasts no more than one or two meetings but they can take anywhere from four to eight hours to complete.

It is not only the choice to end your marriage that will be difficult; there will also be other challenging decisions to make during the divorce proceedings. One of the most critical choices you’ll need to make is if to go for mediation or litigation for your Illinois divorce. While both processes can help resolve, each has pros and cons that must be weighed. This article will discuss the critical differences between mediation and litigation so that you can decide which is suitable for your situation.

Mediation in Illinois Divorce Cases

Mediation is a voluntary process where a neutral third-party mediator helps the parties reach mutually agreeable solutions to their divorce issues. It can be a more cost-effective and efficient alternative to litigation, but both parties must agree to participate.

Mediation is suitable for couples who prefer working together to resolve their issues and want to avoid the costs and duration of litigation. Some divorce cases in Illinois require mediation, mainly if there is a dispute over child custody. The court can mandate mediation before a trial for parties involved in such cases.

Many people who go into a divorce do so thinking that it will be a difficult and stressful process. While it is true that divorce has the potential for stress, it does not have to be as troublesome as people are led to believe. In Illinois, any couple has the option to choose what type of process they use to end their marriage. In recent years, collaborative divorce has risen in popularity. As the name suggests, a collaborative divorce is one in which both spouses work together to achieve the type of divorce resolution that they want. Instead of having a “me versus them” type of attitude, a collaborative divorce encourages spouses to be cooperative so they can both be content with the outcome.

Common Professionals in Collaborative Divorce

One of the ways in which a collaborative divorce is unique is the presence of more than just your attorneys. A collaborative divorce utilizes various professionals from an array of fields to provide advice and guidance on certain issues. Some of the most common specialists that couples hire are:

• Financial Planners: Financial issues are some of the biggest challenges in a divorce. A financial planner can help you understand the long-term consequences of decisions that you make during the divorce, as well as helping you understand what type of resources you will need to be financially comfortable after your divorce is completed.

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For hundreds of years, or perhaps even longer, the concept of divorce has carried a negative connotation. Even in today’s society, divorce has become more commonplace and many people have no issue with it; however, there are still people who firmly believe that divorce is inherently negative. It is true that divorce can leave lasting negative effects on you and your family, but there are things you can do to mitigate those effects and prevent them from ever happening in the first place. One of the most basic changes to many modern-day divorcees is simply the method by which the divorce is completed. Forms of alternative dispute resolution (ADR), such as the collaborative divorce process, have proven to be effective and beneficial, especially for families with children. Unfortunately, not every couple is suited for ADR or the collaborative divorce process, in which case you will need an experienced Illinois divorce attorney to help you.  

Understanding the Collaborative Divorce Process

A collaborative divorce, or any type of ADR, is a viable option that any couple should consider when choosing a method for divorce. Collaborative divorce has been becoming increasingly popular in the past couple of decades, likely because there are many benefits that are especially attractive to families with children. In a collaborative divorce, not only do you and your spouse each have your own divorce attorneys, but you also have a team of various professionals to help you reach an agreement on all pertinent issues while keeping the negotiations out of the courtroom.

What is the first thing that comes to your mind when you think of divorce? You probably think of a couple who is frustrated, upset, or hostile toward each other, in and out of courtrooms, and fighting over every single little issue. While it is true that some partners can be very stubborn and combative, many spouses are not that adversarial with one another. In fact, the majority of divorces only require one courtroom visit, which is to have a judge finalize and sign your divorce decree. Depending on your relationship with your soon-to-be ex-spouse, you may be able to benefit from the collaborative divorce process.

What Is a Collaborative Divorce?

In a traditional litigated divorce, each spouse retains his or her own attorney who is present to advocate for his or her best interests. First, the lawyers attempt to conduct negotiations privately, but if there is too much disagreement between the spouses, then the proceedings are taken to court, where a judge determines the outcomes of the matters that need to be resolved, including the division of property and child-related issues such as parenting time.