Tag Archives: mediation

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/

Exploring Alternate Forms of Divorce Resolution

Wheaton divorce mediation attorney collaborative lawMarriages are as unique as the individuals that enter them. From the wedding to the day-to-day lifestyle, what happens within one marriage is unlike any other. The same idea is true in divorces as well. There is no “one size fits all” solution to the dissolution of marriage. Today, while some divorces can be contentious, it is possible to achieve an amicable and cost-effective divorce through alternative dispute resolution, if your situation allows for it.

Mediation

Mediation is a way to achieve a divorce without many of the unpleasant side effects. With the assistance of a neutral third party, the two parties work out an agreement that is best for the family. Together, they decide the outcome of each issue, including child visitation schedules, spousal support payments, and property division. This option can take as little or as much time as necessary to conclude, and it often saves divorcing couples a significant amount of money. Additionally, this option often leaves less adverse effects on any children involved, as they witness their parents civilly reaching an agreement rather than feuding publicly in court. Due to the informality of the procedure, mediation works best for couples who can communicate relatively well with each other.

Collaborative Law

Some couples need further individual representation than what is offered in mediation. In a collaborative divorce, both parties have an attorney present to advocate for them and protect their interests, yet they work to reach a settlement without the need for courtroom litigation. Rather than using adversarial techniques, all parties agree to use effective negotiation methods to reach an amicable agreement. Representatives creatively work to minimize any emotional damage to the children and limit conflict between parties. Attorneys and neutral third-party experts work together constructively and fairly, agreeing to share information openly. Although experts and attorneys are necessary, this option typically is more cost-friendly than litigation, as both parties may split the expenses.

Divorce Arbitration

If negotiations in either mediation or a collaborative setting break down or fail, divorce arbitration is yet another option which allows a separating couple to avoid going to court. Similar to litigation in a courtroom, a neutral third-party arbitrator hears both sides of the dispute and makes a legally-binding decision for the two parties. All matters remain private; however, unlike litigation, these decisions typically cannot be appealed.

Contact an Experienced Wheaton Divorce Attorney

If you are exploring your divorce options, a DuPage County family lawyer can help guide you in a direction that may work best for your situation. At Andrew Cores Family Law Group, we help families resolve their differences, allowing them to move on with their lives after divorce with minimal adverse effects. Whether you choose divorce litigation or alternative divorce resolution, we can help guide you through the process. Call us today at 630-871-1002 to schedule your free, no-obligation consultation.

Sources:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#66bb485f20ae

https://www.huffpost.com/entry/divorce-mediation-myths_b_831334

Mediation Offers More Privacy During a Divorce

mediation, Wheaton divorce attorneyWhen you think about the legal process of divorce, do you picture a wood-trimmed courtroom with a spouse on either side and judge in the center to facilitate the standoff? This mental picture may not be exactly accurate, but it would probably be similar to the image of a divorce that most people would conjure.

What you might not know, however, is that the overwhelming majority of all civil cases—which include divorces—are not decided by a judge or jury in a courtroom. Rather, they are resolved through negotiations between the parties, and the judge’s primary role is to approve the agreement the parties have reached. One of the most common ways in which a divorcing couple reaches an agreement is through mediation. Divorce mediation offers several benefits compared to a litigated divorce, including time and money savings, scheduling flexibility, and a higher level of participation from both spouses. There is also the often-forgotten advantage of substantially increased privacy and personal security.

Court Records

Virtually any time that you are inside a courtroom for a formal proceeding, there is a court reporter present. The court reporter’s job is to take down every word that is spoken—as well as meaningful gestures—so that a permanent transcript of the proceedings can be created. The transcript and the proceeding itself automatically become public record unless a judge specifically orders that they should not.

This means that anything that is brought up during your divorce proceedings could become available to anyone who may wish to access it for any reason. “Anything” includes your income details, your business holdings, your parenting beliefs, and any mistakes you may have made over the course of your marriage. Even if you do not feel that you have anything to hide, you still might not want all of your business entered into the public record.

Privacy in Mediation

When you choose mediation for your divorce, you and your spouse will meet under the supervision of a neutral, third-party mediator to work out the details of your divorce. The mediator may take notes during each mediation session, but anything that is talked about stays between the parties and the mediator. There are very few exceptions.

Presuming that you eventually reach an agreement and the judge approves it, the resulting divorce judgment becomes public record. The information that is exchanged and discussed to reach the settlement—including any arguments, disagreements, or accusations—remains confidential. This allows both parties to be more open and honest during the mediation process without concerns that personal information will get out to the public.

Call Us for Help

If you are considering a divorce and would like to know more about the potential benefits of mediation, contact a DuPage County divorce mediation lawyer. Call 630-871-1002 for a free consultation at Andrew Cores Family Law Group today. We will help you and your family find the solution that best fits your needs.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0