What Couples Need to Know About Divorce Mediation

 Posted on October 05, 2016 in Divorce

If you in the process of a divorce or even just considering divorce, it is important that you have a basic understanding of divorce mediation because it may be a viable, or even your best, option.

What is Divorce Mediation?

Divorce mediation is a process where a trained third-party neutral mediator helps you and the spouse you are divorcing come to decisions about division of property, spousal support, child custody issues, and any other things that you need to figure out for your divorce. Divorce mediation allows a couple to prioritize what is most important to them and to hopefully come up with solutions to problems that both can live with. The mediator is there to help couples come to an agreement and to also make sure that the negotiations are fair and both sides have their voices heard. The mediator is impartial, though he or she can advise couples on the law in Illinois if he or she is an attorney. Mediators also keep the couple focused on the task at hand instead of letting them get bogged down in resentments and emotions.

What are the Benefits of Divorce Mediation?

There are several benefits to divorce mediation. One of the greatest benefits is that divorce mediation lets the couple make their own decisions instead of having a judge, who does not know the parties, make a decision. Additionally, divorce mediation leaves room for the individuals to decide what is most important to them and what they are willing to concede. For example, if the marital home is one that is on the same street as one of the spouses, that spouse will likely have a greater interest in living in the house and in exchange can give up rights to something else that the other party desires. It is not necessarily always this easy, but sometimes it is.

Another significant benefit is that mediation is almost always less expensive than other kinds of divorce, especially divorces involving litigation. With divorce mediation you are only paying one attorney instead of two, and it takes less time than the average litigated divorce. Couples also tend to have better outcomes in mediation, and will likely avoid going back to court.

For Whom Does Divorce Mediation Work Best?

While you do not have to remain best friends, divorce mediation does work better for couples who are able to be civil with each other. It also works well for couples who have young kids since they will have to find a way to get along for parenting.

What Makes a Couple Not Right for Mediation?

Mediation may not be right for couples who have experienced domestic abuse, drug or alcohol issues, or who have a large power imbalance between the spouses.

DuPage County Divorce Mediation Attorneys

If you are interested in or have questions about divorce mediation, you should talk to a knowledgeable divorce mediation attorney to find out more about mediation and whether it is right for you. Our DuPage County divorce mediation attorneys at Davi Law Group, LLC can help you with your divorce, whether you choose mediation or more traditional litigation.