The Benefits of Mediation for Resolving an Illinois Divorce

 Posted on September 28, 2021 in Divorce

In Illinois, it is fairly rare for a divorce to be resolved entirely through litigation. Courts will typically encourage the parties to negotiate an agreement or settlement regarding as many issues as possible, and in cases involving the allocation of parental responsibilities, the court will usually require the parties to attempt mediation in order to create a parenting agreement. 

However, it is not necessary to wait for the court’s order before attempting mediation. You and your spouse may decide from the start of the divorce process that you want to pursue this alternative dispute resolution method. Mediation works very well for many divorcing couples, and it offers a variety of benefits when it comes to addressing all aspects of your divorce resolution.

How Does Divorce Mediation Work?

If you and your spouse decide to pursue divorce mediation, together you will meet with a trained mediator who is skilled in the practice of helping spouses find common ground and reach mutually agreeable resolutions regarding issues like property division, child custody, and other divorce matters. The mediator acts as a neutral third party who does not represent either spouse or provide legal advice, but rather guides the spouses through productive negotiations as they work toward an agreement on their own terms.

Benefits of Divorce Mediation

Mediation works best when both spouses are committed to resolving the divorce amicably and willing to consider the other’s perspective. It is not for everyone, but when it does work, it can have many benefits, including:

• Saved time and money - Mediation can be a much more efficient dispute resolution method than litigation. Many couples are able to reach a resolution over the course of a single mediation session, saving them weeks or months of waiting for court procedures. The costs of mediation are also typically lower than the costs of hiring an attorney throughout the process of divorce litigation.

• Greater privacy - The discussions that happen in mediation are largely private and confidential. This is a marked difference from a divorce trial, which is a matter of public record.

• Better conflict management - While some conflict between divorcing spouses is normal, a skilled mediator can help prevent this conflict from becoming destructive or getting in the way of a resolution.

• Greater control over the outcome - In mediation, the spouses have final control over the terms that they agree to. Unlike litigation, decisions are not left in the hands of the court. This allows for more personal and satisfying solutions, which can help the spouses remain amicable after their marriage ends.

Contact a Geneva Divorce Mediation Attorney

At Serrano Hanson, our team includes both licensed attorneys and trained mediators, and we can help you resolve your divorce through the method of your choice. If you are considering the option of mediation, contact our Kane County divorce mediation lawyers today at 630-844-8781. We will listen to the details of your situation and help you determine how best to proceed.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/?sh=7f0f648c20ae