Is Mediation the Right Option for Your Illinois Divorce?

 Posted on November 12, 2018 in Mediation

Once the decision to end a marriage has been made, divorcing parties must determine which path may be most appropriate for their situation. Litigation tends to pit the divorcing parties against one another, which can make it an unfavorable option for those who want to end their marriage in an amicable manner (perhaps for the benefit of their children). Divorce mediation - a process in which the divorcing parties select an unbiased third-party to facilitate conversations that must take place during the divorce process (i.e. parenting time, asset division, etc.) - encourages compromise and a willingness to negotiate matters in good faith.

In short, the two methods are almost complete opposites, each with their own set of pros and cons. Learn how to determine which option may be most appropriate for your situation, and discover how the assistance of a seasoned divorce lawyer can improve the outcome in your Illinois divorce case, irrespective of the divorce path you and your spouse choose.

Examining the 5 Principles of Divorce Mediation

To truly understand whether divorce mediation is appropriate for your case, one might first examine its principles. There are a total of five:

1. Divorce mediation is a voluntary process. Parties cannot be forced or coerced into participating in mediation. That applies, even if the initial meeting has been ordered by a judge;
2. Divorce mediation is a confidential process. Statements that were made during the process are considered inadmissible in court if the case goes to litigation;
3. Divorce mediation is a private process, so the details of your case will not be released to the public (unlike in litigation, where divorce is a matter of public record);
4. Divorce mediation demands that you assume accountability for your own conflict and behaviors and an active role in developing solutions to these problems; and
5. Divorce mediation requires that you make informed, carefully thought-out decisions. Decisions made in haste, under duress, or without the proper information can have long-term consequences for divorcing parties.

It is important to note that a mediator’s job is to assist you and your spouse in finding common ground. They may offer suggestions, based upon the wishes that each party expresses, but they cannot make or enforce any decisions in your case. Instead, you and your spouse must compromise and come to an agreement. If such an agreement cannot be reached, then you or your spouse may choose to pursue the matter in litigation.

How Our DuPage County Mediation Lawyers Can Help

Mediation may be designed to encourage a compromise between the divorcing parties, but it is still important that everyone understand their rights under state law. Furthermore, it is important to ensure that your best interests are not overlooked during the process, either because of manipulation, attempts at coercion, or a history of abuse.

Davi Law Group, LLC protects your rights and your best interests, right from the very start. Our Wheaton divorce lawyers also strive to ensure you fully understand the decisions (and their potential disadvantages) you are making during the mediation process. Schedule your personalized consultation to get started. Call the office at 630-657-5052 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59