Mediation in Divorce Proceedings in Illinois
Many Illinois couples choose to utilize the mediation process to come to an agreement during divorce proceedings. In some cases, the court may actually mandate that a couple spends time with a neutral mediator before asking the court to ultimately decide the terms of a divorce. No matter the reason for choosing mediation, there are many benefits, though mediation is not appropriate under all circumstances.
Your divorce attorney in the Wheaton area can help you weigh your options when deciding how best to proceed with your divorce dispute resolution.
There are numerous advantages to selecting mediation as a form of alternative dispute resolution, including:
- Time and cost-effectiveness - Mediation is typically faster and less expensive than the drawn-out court proceedings;
- Tailored to your needs - Parties have a hand in creating the agreement;
- Flexibility - Parties can create or select from a broader range of solutions than the judge's, more generic standard plans;
- Opportunity to be fully heard - Each party has more opportunities to voice questions and concerns;
- Less adversarial and rigid - Parties can make changes and revisions during problem-solving;
- Less formal - Parties need not follow as many procedural rules when presenting their positions; and
- More agreeable settlements - Parties typically report greater satisfaction with mediation results than court-ordered plans.
Mediation is Not Always Appropriate
Mediation is not appropriate for every couple going through divorce proceedings. In some instances, a stricter and more formal proceeding before the court is the right choice. Mediation is not always the best option when:
- Either party cannot be trusted to act in good faith;
- One party needs to compel disclosure of information from the other party;
- Abuse has occurred or is alleged, whether physical, sexual, financial, or other;
- The relationship is too acrimonious, and parties cannot interact with each other; and/or
- Parties possess extremely disparate levels of power, control or sophistication, whether financially or otherwise.
Consult an Experienced Mediation Divorce Attorney in Wheaton
A compassionate divorce attorney at our law firm can help you decide which dispute resolution format is right for your family, given your specific circumstances. Your divorce lawyer will consider the goals you have in mind for your division of marital assets, parenting time plan, spousal support, and other issues related to your divorce.
He or she will also take into account whether your spouse has a history of abusive behavior or hiding assets, whether your family would benefit from creative or flexible solutions and problem-solving that might be considered "outside the box," and whether time and cost are largely important factors in resolving your divorce.
Do not hesitate to contact our skilled DuPage County family law attorneys today. We are eager to assist you with your case.