What Does the Divorce Mediation Process Involve? 

 Posted on October 11,2021 in Chicago divorce attorney

Once a couple has decided to get a divorce, they usually hire their own attorneys to represent them throughout the process. Important issues such as parenting time, division of marital property, and child support must be negotiated and agreed upon, and your attorney will work with you to represent your interests during this process. 

Although divorce can potentially be time-consuming, expensive, and combative, it does not have to be. Mediation is an effective alternative dispute resolution strategy that has helped many divorcing couples agree on complex issues without ever going to trial. Understanding the advantages of mediation can help you decide whether this strategy is right for you. 

What are the Benefits of Mediation? 

Mediation allows a neutral third party to work with spouses, with or without their attorneys present, to resolve issues related to divorce. Mediators are often attorneys and are always trained professionals who are adept at conflict resolution and keeping spouses focused on resolving practical matters rather than hashing out personal conflicts. 

Couples who use mediation successfully have substantially more control over the outcome of their divorce order. If a couple absolutely cannot compromise on important issues and the divorce goes to trial, the judge is responsible for making decisions that neither spouse is likely to be satisfied with. In mediation, however, spouses can prioritize and make concessions that feel reasonable. 

Mediation also saves spouses time and money compared to court litigation. It prepares spouses for a positive relationship after divorce by encouraging an amicable separation and creating terms that both spouses agree upon. 

What is the Mediation Process? 

Mediators will generally begin the process by asking each couple to share their goals and priorities. Couples often agree on rules set by the mediator that help them stay on task. Although the mediator is a neutral party, each spouse can talk to the mediator privately to express concerns and discuss ideas. 

Once spouses have reached a mutually acceptable agreement, they will put the terms in a document and submit it to a court. Once the court approves the agreement, it will become a legally binding divorce decree. 

If couples cannot resolve their issues through mediation, they may try to attempt the process again with a different mediator or try collaborative divorce. Ultimately, if alternative dispute resolutions fail, the case may need to proceed to litigation. 

Contact a Yorkville, IL Divorce Attorney

Understanding how mediation can benefit you in your divorce is an important part of creating an overall divorce plan. At the The Law Office of Matthew M. Williams, P.C., we strive to make the divorce process straightforward and understandable so you can make informed decisions. Mr. Williams is an experienced Kendall County divorce attorney with experience dealing with cases like yours. Call our office today at 630-409-8184 to schedule your confidential consultation and find out what we can do for you. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000