What is Mediation, and What Are the Benefits?

 Posted on January 11, 2023 in Divorce

Getting a divorce can be an excruciating process for all parties involved. The process can be long, expensive, and emotionally traumatizing; so much can be at stake, and placing matters in the hands of a judge, you may fear that your wishes will not be satisfied. Fortunately, there is another way to go about the process called mediation. 

In essence, mediation gives a divorcing party a way to have more control over the outcome of their particular case. For example, suppose you and your spouse are seeking a divorce. In that case, experienced divorce attorneys familiar with the mediation process may help you and your ex-spouse effectively address the issues on the table and make decisions that both parties can agree on. 

The Process of Mediation

According to Forbes, most Illinois divorces resolve without ever having to result in a trial. Avoiding trial often means multiple rounds of mediation and negotiation behind the scenes. Contingent on the circumstances of the case, mediation can be court-ordered, which is when a judge appoints a mediator. In other situations, divorcing parties may agree to resolve their legal issues with the assistance of a mediator. During the mediation process, the parties will convene with a neutral mediator who will then help the parties identify issues that must be addressed. The mediator does not make any decisions. Instead, they assist the parties in working together to reach compromises that all can be satisfied with. 

Benefits of Mediation 

Aside from enhanced control over the outcome of the case, there are additional benefits at play in mediation. These include:

• Efficiency – In many cases, mediation is chosen because it can move the divorce process quicker and for less money than litigation in court. A couple may decide to split the cost of mediation, which further helps lessen the burden of costs. Once actual decisions are made, the parties can go to court to complete the legal process. 

• Privacy – What happens during mediation stays in mediation and is entirely confidential. If parties cannot agree to terms during the mediation process, documents created during the mediation process cannot be used as evidence in court. It can be highly comforting for couples to know that differences can be settled through mediation outside a courtroom. 

• Partnership – Mediation can help cultivate a cooperative relationship between the divorcing spouses. This can be especially beneficial if children are involved. The mediation process can be the foundation of a good co-parenting relationship moving forward after the divorce is finalized. 

Contact a Schaumburg Mediation Attorney 

Knowing that divorce does not have to be a traumatizing experience is essential. There are options like mediation, which can help make the divorce process less dreadful for all parties involved. If mediation is the best course for you and your ex-spouse, contact the experienced DuPage County mediation lawyers with A. Traub & Associates. Call 630-426-0196 to schedule a confidential consultation.

Source: https://www.forbes.com/advisor/legal/divorce/illinois-divorce/