Mediation: An Alternative to Divorce through Litigation
Posted on April 21,2015 in Divorce
If you are considering filing for divorce, you are likely aware of the different approaches you can take to end your marriage. Not every dissolution of marriage is carried out in the courtroom – in fact, it can be much faster, easier, and less expensive to divorce outside of court.
Mediation is a popular way for couples to divorce. With mediation, the couple works through their issues in a calm, non-threatening environment with help from a licensed mediator.
Mediation is not the best approach for every divorcing couple. When there are accusations of domestic violence or other criminal activity cited as the reason for the divorce, uncontrollable rage or other negative emotions, or one spouse is battling a substance addiction, mediation is usually not the best choice. Talk to your attorney about the circumstances and details of your divorce and let him or her help you determine whether or not the mediation approach is right for you.
Why Choose Mediation?
There are many reasons why a divorcing couple would choose to divorce through mediation rather than litigation or a collaborative divorce. With mediation, the partners steer the direction of their settlement and have significant input to its terms. With this greater sense of control, divorced couples who chose mediation often report the following:
- A greater sense of satisfaction with the terms of their divorce;
- A stronger, more amicable relationship with their former spouse;
- More flexibility during the divorce process than with a traditional divorce; and
- A fast, efficient way to reach each spouse's goals.
The Mediation Process
Couples who choose mediation meet and work with a licensed mediator. This mediator is a neutral third party who helps each partner communicate his or her needs while understanding those of his or her partner. The mediator does not solve problems for the couple or choose their settlement for them. Instead, the mediator acts as a resource and provides support as the couple works through their divorce on their own. During the session or sessions with the mediator, the couple works out all issues related to their divorce and their future, such as child support, child custody, the division of their property, and spousal maintenance. These sessions are completely private, which many divorcing couples find to be conductive to fully communicating how they feel and what they want from their divorces.
Once the couple has worked out a divorce settlement, their attorneys finalize the settlement and file them with the court. By staying out of the courtroom for settlement decisions and avoiding regular attorney meetings, divorcing individuals can save a significant amount of money.
Divorce Attorneys in DuPage County
If you are considering filing for divorce, contact our team of compassionate
DuPage County divorce attorneys. Our firm proudly serves the DuPage County area and will help you through your divorce by answering all of your questions and guiding you toward the best solution for you. Don't wait – contact us today.