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Will divorce mediation make my marital split easier?

On Behalf of | Jan 25, 2017 | Family Law |

When you imagine going through a divorce, images of repeated battles over the house and the money may understandably play on the screen in your mind. The reality is that some family law disputes may simply be impossible for you and your spouse to resolve on your own, namely the distribution of assets, child custody or the division of property. When dealing with these types of matters in a contested divorce, divorce mediation can be a helpful solution in Illinois.

What is divorce mediation?

Divorce mediation is a form of alternative dispute resolution that is available for people getting divorced. It is basically a negotiation that a neutral third party facilitates. The third party does not make decisions, unlike in arbitration. Rather, the two parties getting divorced maintain full control of their decisions, simply using the third party’s creativity and guidance to achieve lasting and mutually acceptable solutions.

When is divorce mediation a good option?

Mediation can be a wise move if you and your spouse have tried to negotiate directly but your attempts have led nowhere due to both parties’ being emotionally volatile. When a divorce mediator is present, he or she will make sure that both parties are heard and will promote compromise.

What are the benefits of divorce mediation?

A huge benefit of mediation is that it is a lot less expensive and stressful than is divorce litigation. It is also a more prompt and less procedurally complex process than litigation. This is because the main focus of mediation is to tackle any underlying circumstances contributing to the dispute, instead of concentrating on more narrow legal matters. Questions about which person is wrong or right are usually not as important as figuring out how to resolve the problem.

It is also more likely that the agreements reached through the mediation process will be upheld and abided by long-term compared to outcomes ordered by the court. This reduces the chance that the two individuals who are getting divorced will have legal disputes in the future related to the dissolution of their marriage. A knowledgeable attorney in the state of Illinois can guide you through the divorce mediation process and help you reach a resolution with your future ex-spouse that is ultimately in your best interests.


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