It is no secret that getting a divorce is a difficult process that is often fraught with conflict. But even divorcing spouses who get along relatively well may still be interested in keeping the process as peaceful as possible. Whether you anticipate a hostile divorce or are on good terms with your spouse, alternative dispute resolution strategies can be helpful. In fact, very few divorces in Illinois go to court because alternative dispute resolution is so successful that it is often ordered by judges before a case can proceed to trial.

There are two major types of alternative dispute resolution when it comes to divorce: Mediation and collaborative divorce. While they share some similarities, knowing the difference between these two strategies can help you decide which one is right for you.

A Mediator is Not Necessarily an Attorney

During the mediation process, a mediator will help spouses prioritize, stay focused, and remain results-oriented. Mediators are trained professionals who are intimately familiar with Illinois divorce laws, and they are often but not always attorneys. Conversations during mediation meetings are confidential and have the goal of moving a couple closer towards divorce by creating a divorce agreement that both spouses find fair and which is likely to be approved by an Illinois judge.

Mediation is a method of negotiation which some couples choose to utilize when they are getting divorced. In divorce mediation, the couple and often their attorneys, meet with a third party called a mediator to discuss the details of ending the marriage. A mediator is not necessarily an attorney, nor will he or she give legal advice. The purpose of a mediator is to be a neutral third party who facilitates conversation and cooperation between the couples.

Advantages of Mediation

Mediation has proved to be helpful to many couples going through a divorce. It is typically faster and less expensive to work out issues using a mediator than to work those issues out in court. Although, not every divorcing couple who uses a mediator to help them resolve their disputes avoids court. One of the biggest advantages to using a mediator is that both of the spouse’s needs and wants are considered. Both people will have input on the agreement and feel like their voices are heard.

Divorce is a time during which some couples experience serious discord. As such, there are those couples for whom attempting to amicably discuss issues may wind up being more trouble than it is worth. Illinois law permits couples to pursue alternative methods of dispute resolution, and if you and your spouse are looking to avoid a potentially messy courtroom fight, one of these methods may be right for you.

Mediation

Mediation is the most commonly used form of alternative dispute resolution (ADR) in Illinois, due to its relatively low cost and efficiency. While court dockets may be clogged, a mediation may begin as soon as a third-party mediator is located. In Illinois, there are no statewide qualifications for mediators, though certain standards of practice are generally observed. A mediator is not required to hold any specific licensure, though they are required to have at least a bachelor’s degree in a relevant field and be in good standing if they are a member of any professional organizations.

If you were asked to picture a divorce proceeding, would you think about a courtroom with a husband on one side, a wife on the other, and a judge in the middle to officiate the battle? While the image in your head may not be quite so stereotypical, it is likely that your concept—like that of most people—is something similar. What you may not realize, though, is that the vast majority of civil cases, including divorce, are not decided in the courtroom; instead, they are negotiated in other ways and a judge is only required to approve the settlement and enter it as part the judgment. Mediation is among the most common methods used to reach an agreement in a divorce, and the process offers a number of advantages, including time and cost savings, flexibility, and increased participation from both parties. There is one additional benefit, however, that is often overlooked: a dramatically increased sense of privacy and security.

Courtroom Transcripts

When your divorce or child-related case is heard inside a courtroom, a court reporter is always present to make a permanent record of the proceedings. Virtually every word is recorded in written form so as create a transcript for any needed future reference. The proceeding itself, along with the transcript, become a matter of public record, unless there is a particular reason or order that they should not.

In certain divorce cases, mediation can be a powerfully effective way for spouses to quickly and inexpensively resolve their differences in a divorce proceeding. Mediation is a form of alternative dispute resolution in which the divorcing parties sit down face-to-face with a mediator. The mediator is supposed to be a neutral third party who encourages the divorcing parties to dialogue about their differences in an attempt to find a mutually-agreeable resolution. Mediation can be used to resolve disputes concerning:

• Valuation of disputed marital assets;
• Property division and/or division of debt;
• Child custody and parenting time arrangements; and/or
• Other disputed issues.

Despite its cost-saving benefits, mediation comes with its drawbacks as well. The usefulness of a mediation session depends in large part on the mediator him- or herself. This is why it is important to choose your mediator wisely.

What Are Some of the Potential Drawbacks of Mediation with Certain Mediators?