Category Archives: Mediation

3 Reasons to Use Alternative Dispute Resolution in an Illinois Divorce

DuPage County collaborative divorce lawyerThere are a wide variety of issues that will need to be settled in a divorce case, and resolving disputes through litigation in court can be costly and time-consuming, while resulting in less than optimal decisions for your family. To address these matters more effectively and avoid contentious disputes, you might want to consider alternative dispute resolution (ADR), which could include collaborative lawmediation, or arbitration.

Why Use Alternative Dispute Resolution?

Some of the best reasons to use alternative dispute resolution instead of traditional litigation include:

  1. Efficiency—ADR can provide significant savings of both time and money during the divorce process. Making multiple court appearances and preparing for a divorce trial involves significant expenses, and legal proceedings can last several months, or even years. ADR can help you streamline the process of resolving your disputes and allow you to reach a divorce settlement much more quickly while avoiding unnecessary expenses.

  2. Less Intimidating—Appearing in court before a judge can be a daunting experience, and you may be unsure about the procedures followed or the requirements that must be met during litigation. Mediation or other forms of ADR, on the other hand, can be much more casual and straightforward, allowing you and your spouse to speak your mind and work to reach mutually agreeable resolutions to your disputes.

  3. Real-Time Feedback—When resolving divorce disputes through mediation or collaborative law, you and your spouse can work through your problems in real time without interference from outside parties. This will give you more control over the outcome of your divorce, and you can work together to reach agreements that will meet your needs both now and in the future. In addition, the collaborative nature of ADR methods can foster a much more civil relationship between the two of you, and this can be especially beneficial if you will be working together as co-parents of your children following your divorce.

Contact a DuPage County Divorce Mediation Attorney

You do not always have to settle divorce or family law cases through the courts. There are numerous other options available to you, and understanding how to use alternative dispute resolution methods may allow you to reach a settlement more quickly while saving money and avoiding contentious disputes. The experienced collaborative law attorneys at Andrew Cores Law Group can explain the options available to you. Call a Wheaton, IL divorce lawyer at 630-871-1002 to arrange a free consultation and learn more about how you can reach a positive outcome to your divorce.

Sources:

https://www.isba.org/public/guide/adr

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2587&ChapterID=51

https://www.idfpr.com/CCICO/PDFs/What%20is%20Alternative%20Dispute%20ResolutionR1.pdf

How Divorce Mediation Protects Children

Wheaton, IL Mediation LawyerDivorce is a stressful process no matter what method you choose. While spouses are busy dividing their union into two separate lives, researchers recommend they do their best to make sure any children they share stay atop the priorities list. Although children may say they are fine with the situation, the process is always emotional and confusing. The final result may be a new living arrangement and lifestyle. They will likely miss at least one parent every day, and possibly lose friends at school due to a relocation.

Parents looking for an alternative to divorce litigation will find divorce mediation offers an opportunity to both protect and prioritize their children. Divorce mediation benefits include:

Parents Lead by Example

There are no benefits derived from a child witnessing their parents argue. Although spouses can terminate their marriage, they will always be parents. Divorce mediation avoids the emotional courtroom arguments by allowing both parties to come together and discuss their options civilly. If emotions begin to escalate, they can walk away and revisit the matter once tensions have subsided. Mediation is an excellent chance to teach children a valuable lesson, that no matter what hard feelings may exist, you can put them aside and compromise for the betterment of everyone involved.

Creating a Divorce Agreement that Puts Children First

Although the Illinois court system uses the idea of “what is best for the children” as the basis for all decisions during a divorce, it is often difficult for an unrelated judge to fully understand the intricacies of daily life within the family unit. Each family has a different routine and diverse roles; no two are alike. A judge will make a decision based on their outside perspective. Only the individuals in the situation grasp what daily life is like, which gives them a unique ability to determine what arrangement would work best to keep post-divorce life as normal as possible. The children will ultimately benefit if two parents can work together to create a parenting agreement.

Contact a DuPage County Divorce Lawyer

Regardless of the method of divorce chosen, children should always remain the primary focus. If you feel your children are suffering due to your separation and you would like a more amicable divorce option, a proven Wheaton, IL divorce mediation attorney can help. The experienced lawyers at Andrew Cores Family Law Group are trained in alternative dispute resolution and will work to protect your family’s interests. A member of our team will happily answer your questions and advise you of the options available for your situation. Call our office today at 630-871-1002 to schedule your free consultation.

Sources:

http://law.marquette.edu/courtadr/wp-content/uploads/2011/08/Child-Focused-and-Child-Inclusive-Divorce.pdf

http://collablawil.org/wp-content/uploads/2015/08/McCormack-CDLB-July-2015-Children-Mediation-Process.pdf

Understanding the Benefits of Divorce Mediation

Wheaton divorce mediation lawyerFor those exploring the options of divorce, mediation is often new and unexplored territory. Most people envision divorce as consisting of ugly courtroom battles between two feuding spouses, with attorneys interjecting “Objection!” whenever appropriate. While some situations certainly escalate to meet this expectation, a significant portion of the population is opting for the less stressful, less costly, and frequently more beneficial alternative known as mediation. During divorce mediation, the two parties work to reach an agreement with the assistance of a knowledgeable and neutral third party.

An Option Between DIY and Litigation

Some people refer to mediation as “divorcing without attorneys.” This is partially correct, since the two parties reach an agreement together in private, rather than leaving the future up to an impartial judge in a public courtroom. However, rather than you and your spouse sitting at a computer attempting to navigate the murky waters of divorce papers, a neutral third party is present to guide the conversation. Although it is possible to use a non-attorney mediator, a lawyer has the legal training and experience necessary to provide the sound legal advice essential to create a lasting and beneficial agreement.

Benefits of Mediation

Although mediation is not a viable option for every situation, many who choose this approach discover a more friendly, less emotionally difficult experience than the traditional alternative. Mediation is a divorce on your terms, rather than a seemingly random decision made by a judge who only knows a limited amount about you and your family.

In mediation, decisions regarding child custody arrangements, child support and spousal support payments, property division, and any other relevant details are made by you in as many or as few sessions as necessary to sort things out. Your final agreement then goes on to a judge for approval, making the arrangement legally binding. Those who use mediation often discover these additional benefits:

  • Time savings
  • Cost efficiency
  • Emotional stability for children
  • Less stress
  • Complete confidentiality

Explore Your Options With a Wheaton Mediation Lawyer

By negotiating the terms of your divorce yourself, you are not only empowered to create a solution that works, but you also are less likely to return to court for modification down the road. Find out if mediation is right for you by contacting a DuPage County divorce mediation attorney. At Andrew Cores Family Law Group, we are experienced in divorce mediation, but we will also aggressively defend your interests should litigation become necessary. Call us today at 630-871-1002 to discuss your options in a free initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/mediation_advantages/