Should I Consider Mediation for My Divorce?

 Posted on September 19, 2023 in Divorce

When a couple is first considering divorce, they may find the entire process overwhelming. There are different options for how two people can legally end their marriage, and it can be hard to figure out which is the best for you. If you and your spouse are considering divorce, mediation could be a good option. A Schaumburg, IL mediation lawyer can help explain what is involved and guide you through the process.

What Exactly Is Mediation?

In any legal dispute, the people involved can settle their arguments in court. However, they also have the option of entering alternative dispute resolution (ADR) instead. This means that they can try to settle their issues outside the courtroom. This is the case for many types of legal disputes, including divorce.

Mediation is similar to a negotiation, where the sides try to reach an agreement together with their respective lawyers. But here, there is a mediator who acts as a neutral third party helping facilitate the discussions and working toward an agreement that both sides will find acceptable.

A mediator speaks to each side to find out what they want out of the agreement. They will try to think creatively to find a productive solution that will be acceptable to both. The mediator cannot force any outcomes and cannot guarantee that the divorce will be settled through mediation. What they can do is try to facilitate communication with both sides, understand what everyone’s goals are, and see whether there is a way to achieve them without either side feeling disappointed. 

If the mediation is successful, it will end with an agreement that is then submitted to the court for approval. Whatever agreements are reached in mediation will become the divorced couple’s divorce settlement and, if there are minor children involved, parenting plan.

Are There Benefits to Settling Your Divorce through Mediation?

In some cases, mediation is required by the judge. But sometimes, people volunteer to go through mediation instead of litigation. This is more common if they believe they can reach an amicable decision, for many reasons.

• Confidentiality: Whatever is said in mediation remains confidential. This can help both sides feel more secure than they might in litigation, where intimate arguments could be aired out in court.

• Control over the outcome: All agreements reached in mediation need to be agreed on by both sides. Neither side should feel like something “unfair” happened.

• An environment that encourages cooperation: Even in divorce, the mediation environment encourages cooperation and compromise. With this guiding principle leading the way, spouses will probably be better prepared to cooperate on how to raise their children in the future.

• Less time and money: Mediation is generally much faster and less expensive than litigation. The two sides usually split the costs of mediation and then submit whatever agreements they have reached to the courts to be finalized, quickly and legally.

Call a Schaumburg, IL Divorce Lawyer Today

If you and your spouse are thinking about beginning the process of divorce, mediation may be the right path forward for you. An experienced Schaumburg, IL mediation attorney can explain the advantages and disadvantages and help you figure out whether this is the right step for you. Please call A. Traub & Associates at 630-426-0196 today.