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If you are like most parents, you want the best for your children and that includes reducing any stress your children may experience during the divorce. In a best- scenario, you and your spouse will try to put your emotions aside, regardless of who chose to file for divorce. The last thing you want is for your child to witness hostility between the two people they love most in this world. For many parents, mediation during divorce is healthier for the child because it helps reduce conflict and allows parents to seek a peaceful resolution.
The process of mediation works well when both parties are open to negotiating in good faith and cooperating, while litigation may result in a bitter custody battle that is expensive for parents and traumatic for children. It is very important to have children spend time with each parent during and after a divorce, and just about every court will see it that way. After all, the court wants what is in the best interest of the child.
Some parents fear that hiring an attorney-mediator may drive the divorce process toward litigation. But a recent survey of 1,000 parents with children who finalized their divorce found that when parents have attorneys, they are actually encouraged to come up with co-parenting plans rather than go to trial. In the survey, efforts resulted in joint custody for 82 percent of the cases in which both parents had an attorney. Mediation can be an avenue for pursuing joint custody.
Things can often get heated when it comes to child custody issues, but divorce mediation is child-centered and eliminates the need for children to testify in court and take sides. It is a confidential process with a certified mediator who helps the couple agree on specific terms of the divorce. Mediation focuses on resolving conflict and developing an agreement with input from both parents. This encourages respect and partnership between both parents. Parents learn to negotiate and come up with a plan to protect the child from emotional harm during and after the divorce. In the end, the goal is for both parents to be actively involved in the child’s life.
If parents cannot create a co-parenting plan on their own, an Illinois court can order mediation to help couples determine their responsibilities and parenting time. Parents can also pursue mediation proactively before even filing for divorce. Our firm has experienced litigators and certified mediators who are trained to guide the divorcing couple through this challenging process.
We know that family stability matters, especially during a divorce. At Davi Law Group, we can help you understand if mediation is your best option. Call 630-657-5052 for a free consultation and speak with a DuPage County divorce attorney to try to find the most favorable outcome for you and your children.
Sources:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51
https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm
https://www.cdc.gov/nchs/fastats/marriage-divorce.htm