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The Stogsdill Law Firm, P.C.

Although mediation is ultimately about compromising with your spouse, you can (and should) attempt to tilt the scales in your favor as much as humanly possible. After all, the odds are that your spouse will attempt to do the very same thing. Learn more about the strategies that you can use your divorce mediation with help from the following information.

Why Choose Mediation?

Mediation may not be the most favorable option for every divorce, but it can be highly beneficial for some. For example, spouses that have minor children may find that mediation offers a more amicable approach than a litigated divorce. Couples with a high net worth may also prefer mediation since it can drastically reduce costs and improve their settlement. Mediation can also lead to a faster conclusion of your case if you and your spouse are willing to compromise. Still, if you have questions about whether mediation may be appropriate for you, it is wise to discuss your options with an experienced divorce lawyer before moving forward.

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Posted on in Mediation

Though couples do not need an attorney for mediation, many divorcees do choose to secure legal representation through the process. Why might you need one, and what benefits can they offer in your case? The following information explains, and provides you with some key details on how to select the right lawyer for your Illinois divorce mediation.

The Role of an Attorney in Mediation

Unlike litigated divorces, where parties are pitted against one another on opposing sides, those that employ mediation are encouraged to work through their problems using negotiation tactics and compromise. As such, the role of an attorney in mediation is quite different from the more "traditional" role they play during the litigated divorce. Further, the extent of an attorney's involvement during mediation is largely determined by the hiring party.

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Mediation and other Alternative Dispute Resolutions (ADRs) have made divorce more affordable and less stressful for many families, which is probably why so many couples use them. However, there is an underlying issue with divorce mediation, and it is one that few rarely consider: though mediation can and does work for some divorces, it is not be the right option for everyone. The following information can help you decide whether you should mediate your divorce, or if litigation is the right path for you.

Mediation versus Litigation

Mediation can reduce the level of contention during a divorce, which can have some serious benefits for those with children. Parents, who are encouraged to compromise and consider the best interests of their child above all else, are less apt to fight about custody. That can make for less stressed parents and an easier adjustment for children. Mediation is also often a faster, less expensive method to divorce, which is helpful for those who have a simplified divorce, similar net values, or are willing to split assets fairly because each party still genuinely still cares about the other.

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Mediation is a process that encourages couples to amicably work through the details of their divorce, such as the division of assets, allocation of parental responsibilities, and alimony. But how, exactly, does the mediation process work? And is it the right option for your divorce?

How Mediation Works

When couples decide to mediate their divorce, they work through their divorce with a mediator, instead of a judge. Details of their divorce are negotiated rather than litigated. An impartial party, the mediator can only make suggestions for working through a particular problem. They cannot make any decisions. However, each party does still have the right to hire an attorney to ensure their rights are protected, and that they have considered all relative factors in the negotiation process.

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Posted on in Mediation

Whether you are just now becoming acquainted with the term mediation as you enter the divorce process or you have heard stories about it from family or friends, there is one thing you should know: mediation can be a productive, effective tool for problem resolution. Not everyone agrees on everything when filing for a divorce, and the primary purpose of mediation in family law is to allow both parties a platform in which they can present their thoughts, requests, and concerns before a professional in order to establish fair, mutual agreements.

Compromise

Mediation is all about negotiation. Whether you and your spouse disagree on parenting time (visitation) or who will be responsible for a certain debt, a Mediator's goal is to help you both reach some sort of compromise through civil, clearly communicated negotiations. You and your spouse will discuss any disagreements with a mediator until you reach an agreement, and then submit that an agreement to a judge. Should you still be unable to agree on certain issues, the judge can choose to send you back to mediation until you have worked out a resolution.

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