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DuPage County divorce attorneysJust as every marriage is unique, every divorce is unique as well. There is no perfect way to end a marriage and spouses should choose the divorce options and resources which fit their particular needs. Some couples are able to get a divorce without any help resolving divorce issues such as disagreements regarding property division, child custody, or other concerns. However, many couples need help in order to come to an agreement about these issues. In situations such as these, divorcing individuals in Illinois may benefit from alternative dispute resolution in the form of mediation and collaborative law.

Mediation Can Help Couples Communicate About Divorce Issues

Understandably, it can be very difficult for divorcing spouses to come to a resolution regarding divorce issues. They may have feelings of resentment, anger, or blame toward each other which make it hard to discuss issues without the discussion collapsing into arguments. During the mediation process, divorcing spouses work with a qualified mediator who acts as a neutral third party to facilitate productive conversations.

Mediators will help the spouses identify the issues they agree on as well as those which they disagree on. Through a series of meetings, the mediator helps the spouses reach an agreement about the remaining divorce issues. Mediation is generally much more cost-effective than divorce litigation through the court. It is often a better way to resolve issues when children are involved because mediation proceedings are confidential unlike a public court feud.

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Naperville mediation lawyersMediation is one method of divorce negotiation which can save a tremendous amount of time and expense as compared to divorce litigation. When a couple chooses to end their marriage, there are often unresolved issues of property, child custody, or spousal support/maintenance. Divorcing individuals who cannot come to an agreement about these issues may require court intervention. This can be an expensive and time-consuming process.

One alternative to litigation is divorce mediation. During the mediation process, a divorcing couple meets with a mediator who acts as a neutral third party facilitator. The purpose of the mediator is not to make decisions for the couple but, instead, to help the couple discuss issues civilly and productively. If you are considering ending your marriage in Illinois, read on to learn how mediation can help you and your spouse reach a divorce settlement that is fair and reasonable for everyone involved.

Benefits of Mediation

Mediation boasts a long list of benefits. In addition to being significantly less expensive than court hearings or a trial, mediation puts the couple in greater control of how their divorce issues are resolved. Instead of a solution based on impersonal laws or decided by a judge, mediation helps couples reach a divorce resolution based on their unique circumstances and needs. It is probably for this reason that mediated divorce agreements have a much greater compliance rate than agreements made through the court.

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DuPage County divorce attorneyMany individuals getting a divorce want the process to run as smoothly and quickly as possible. For some, this means that they want to avoid court. Litigation in a courtroom can be expensive, time-consuming, and stressful. Collaborative law is a method of problem-solving which is available to some divorcing couples. Through the collaborative law process, divorcing couples have the opportunity to exert much more control over the final divorce decree than they would have otherwise.

How Does Collaborative Law Work?

Collaborative law is one way to resolve disagreements between divorcing individuals outside of the courtroom. Those engaging in a collaborative law divorce should be focused on working with their soon-to-be-ex-spouse instead of fighting against him or her. Collaborative law is not without its requirements and rules. In order to proceed with a collaborative divorce, each spouse must retain his or her own attorney, who must be trained and certified in collaborative law. The attorneys help the parties understand their options and choose the best course of action for their unique circumstance. Another rule for collaborative law is that neither spouse may go to court. If the couple finds it necessary to go through traditional courtroom litigation, the collaborative law process ends and the attorneys involved in the collaboration are disallowed from further involvement in the case.

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Naperville divorce attorneysAs anyone who has been through a divorce will tell you, tension between two divorcing spouses can run high. The emotional turmoil and stress of the divorce can make it difficult for couples to come to a decision about how they want to proceed with their divorce. In some divorces, a neutral third party called a family law mediator or divorce mediator is employed to help couples come to an agreement on issues.

The job of a mediator is to help couples end their marriages as amicable and cost-effectively as possible. Many couples with children use divorce mediation in order to decide how they will share custody and parental responsibilities for the children. Divorce mediators may also help with decisions regarding the distribution of property, retirement, wills, or other financial concerns.

What Types of Couples Could Benefit from Mediation?

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Naperville mediation lawyersWhen two people decide to get a divorce, the process is likely to be stressful and difficult. However, more and more couples are turning to mediation as a way to potentially avoid costly court battles. It is not the right option for every couple, but it is generally worth investigating to see if it might be right for you and your spouse.

Benefits of Mediation

Divorce mediation is a process in which you and your spouse engage the services of a neutral, third-party mediator in an attempt to work out a divorce agreement without resorting to litigation. It has several advantages, but may also have drawbacks depending on the situation. Anything from parental responsibilities (child custody) to spousal support may be mediated if the spouses agree. Illinois law does not mandate certain elements of a divorce to be decided by a judge, but a judge will review any agreements related to your children to ensure you have their best interests in mind.

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