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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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Naperville divorce attorneysDivorce is not a time during which one is usually inclined to focus on much besides the legal proceedings you will have to undergo. However, many couples today are choosing to eschew the standard courtroom divorce case in favor of alternative dispute resolution methods like mediation. There can be advantages and disadvantages to each approach.

Advantages of Mediation

The primary motivation many couples cite as a reason for their involvement in mediation is that mediation can be far quicker than a courtroom proceeding. The Illinois court system can be very slow, with some couples waiting as long as five or six months for a court date. By comparison, mediation is available as soon as you and your spouse find a mediator who works well with you. While mediations do require a court appearance to finalize the agreement between you and your spouse, on the whole, the experience is tailored to your timeline rather than the court’s.

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Naperville family law attorneyNo matter the circumstances, divorce is a life-altering experience. It will be a piece of who you are for the rest of your life. Luckily, it does not have to be an awful experience full of courtroom drama and all that goes into divorce litigation. Other options exist for you and your ex-spouse to have an amicable divorce, including collaborative law and mediation. Both of these choices offer benefits unavailable through traditional divorce options.

Mediation

Rather than enduring a lengthy, financially draining divorce litigation trial, there is an option to complete the divorcing process outside of a courtroom. Mediation is one useful alternative. Rather than having two separate attorneys and meeting in front of a judge who will then make all of the decisions, in this alternative, you retain control of the situation. You meet with a hired third-party, the mediator, to discuss the issues at hand to determine a resolution that works best for both of you. The outcomes are enforceable similarly to any other written contract. In addition, there is still the option to go to a judge for the unresolvable issues. Benefits of this option include:

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Naperville divorce lawyerMany divorcing couples choose mediation over a typical litigated divorce. It is a beneficial alternative for many reasons - mediation allows both parties more control over their divorce, it protects couples’ privacy, and it can be a faster and more cost-effective divorce method when compared to litigated divorce. Mediation, while growing in popularity, is often misunderstood. Many couples shy away from choosing mediation because of the many myths and misconceptions surrounding the process. Mediation is truly a worthwhile option to consider despite the misunderstandings of how it works.

My Spouse and I Fight Too Much for Mediation to Work

Each divorce is unique, and mediation is certainly not an option for everybody. Cases involving domestic abuse, or hidden assets, for example, are not ideal for mediation. That said, most divorces can be handled completely by mediation. Many couples believe that they fight too much to pursue mediation, but this simply is not true. A mediator’s job is to keep both parties productive and on topic. Divorce mediators have experience working with conflicted parties, and they know how to get results. There is no risk in trying mediation either. If arguing keeps the two parties from discussing their divorce, they can always pursue a more traditional route.

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Naperville divorce attorneysDid you know that you can divorce without ever setting foot inside a courtroom? Does a divorce with less conflict and more control for both parties sound appealing to you? If so, consider mediation. Through mediation, divorcing couples can reach an amicable divorce agreement without having to go before of a judge. What is divorce mediation and how does it work? Is it right for everyone? What are the pros and cons of mediation compared to other divorce options? Below, we answer a few common questions clients often have about mediation.

What Is Divorce Mediation?

Divorce mediation is a divorce solution that allows divorcing couples the freedom to negotiate an agreement on their own without input from a judge. A neutral third party, the mediator, helps guide the couple through the decision-making process. Through mediation, a couple can discuss and resolve any divorce issue, including property distribution, child custody and parenting time, retirement, taxes, and child support. Some agreements may come easily, while others may require longer discussions, all while the mediator facilitates the process.

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