Pursuing Divorce through Mediation

 Posted on October 17, 2014 in Divorce

If you are considering a divorce, the time and expense of a protracted court battle might affect your decision. However, if a divorce is in your family’s best interests, do not be deterred by the legal process. Divorce does not have to involve contentious litigation – it can be resolved through an amicable mediation instead.

In fact, you can address the same issues through mediation that you would address in a traditional divorce proceeding, including child custody, visitation, child support, property division, and alimony. And you can do so without the emotional drama that often accompanies litigation. When deciding whether divorce mediation is right for you, consider the following:

• Mediation is typically less expensive than a formal legal proceeding;
• The mediation process usually does not take as long as litigation, which means your divorce will be finalized sooner;
• Because mediation generally involves less conflict, the divorce will not be as stressful for you or for your children;
• Mediation offers the parties more control over the divorce and the solutions to the issues addressed above (such as child custody and property division);
• Without a contentious legal fight, it is easier to preserve a positive relationship between the divorcing spouses; and
• Mediation allows the parties to maintain the confidentiality of their financial and personal information.

Before you decide to pursue divorce mediation, it is also important to understand the process. Illinois adheres to the Uniform Mediation Act, which ensures the confidentiality of mediation proceedings so that participants feel comfortable speaking candidly about their dispute.

What is Mediation?

Mediation is a voluntary process in which a neutral, third-party mediator (the individual who is leading the discussion) facilitates communication between parties to help them reach a voluntary agreement regarding their dispute. In this case, the negotiations might concern asset distribution, custody and visitation rights, and whether one party will make alimony payments to the other party. Remember that while the mediator controls the negotiation process, the parties control the outcome.

What Can I Expect During the Mediation?

A neutral mediator will help you and your spouse determine which issues need to be resolved. He or she will facilitate a discussion about these issues and help you develop a mutually beneficial resolution. In other words, the mediator ensures that you and your spouse can have a productive conversation about your divorce and come to a fair agreement about dividing the marital property, making alimony payments and all of the issues that need to be resolved.

Can I Be Represented by an Attorney During the Mediation Proceedings?

Yes. An attorney may accompany you and participate in the mediation to ensure that your rights are protected during the proceeding.

While there are many benefits to divorce mediation, it is not for everyone. Sometimes there is too much conflict and too many ill feelings for divorcing spouses to be able to communicate effectively. Contact one of our experienced St. Charles divorce mediation attorneys today to determine what is best for you and your family.