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Naperville family law attorneysAs form of dispute resolution that is available in virtually every type of civil proceeding, mediation typically allows competing parties the opportunity to hammer out an agreement that reasonably meets the needs of everyone involved. This holds true in a large number of arenas, including personal injury concerns, business disputes, and, of course, divorce and family law. Perhaps the biggest advantage to seeking mediation in your divorce or child-related matter your ability to be clearly heard throughout the process, a luxury not necessarily afforded in many court-handled cases.

Strict Legal Guidelines

While the statutes regarding divorce and family law are constantly being updated to allow for more individual consideration, the fact of the matter is that a court can only do so much. A presiding judge is expected to take into account an ever-growing list of circumstantial considerations, which may include those related to each spouse and the children involved. To truly appreciate a family’s situation, a judge would need to review the case for hours and hours, discussing intimate details with each party, and doing so is clearly not a realistic expectation. Thus, court decisions are often based on a very limited understanding of the facts, and only those that each party remembers to include in presented documents.

You Control the Pace

In family law mediation, however, you and your spouse are not only intimately involved in the process, you also dictate the negotiations. A well-trained mediator, of course, is there to facilitate the discussion and to keep you both on a path toward resolution, but will also ensure that you have every opportunity to be heard. Nobody—not even your attorney—understands your situation as well as you do, and mediation provides you the chance to express your specific needs, desires, and concerns regarding the outcome of your issue. Your spouse will be afforded the same opportunities, allowing your resulting agreement to reflect the actual, nuanced circumstances of your situation.

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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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