Mediation and Divorce in Illinois

 Posted on August 16, 2015 in Mediation

The prospect of going through a divorce can be intimidating and stressful. In addition to adjusting to the change in the relationship, many people are concerned about going through contentious and unpleasant proceedings - particularly if there are children involved. One option for divorcing parties who want to avoid an adversarial courtroom battle is to participate in mediation.

What is Mediation and How Does it Work?

Mediation is a type of alternative dispute resolution (ADR) technique that allows parties to a legal issue, including family law issues such as divorce, to address that legal issue outside of a courtroom. The process is similar to a negotiation - where each party and their attorneys tries to reach an agreement. However, in a mediation, a neutral third-party facilitates the negotiation and works with each side to resolve any areas of disagreement. A mediator's role, as a neutral party, is to work with each side to find common ground and creative solutions. In addition, the mediator tries to work with each party to address the root issue of any disagreements and to relay and communicate information between the parties in a productive way.

relationship, many people are concerned about going through contentious and unpleasant proceedings - particularly if there are children involved. One option for divorcing parties who want to avoid an adversarial courtroom battle is to participate in mediation.

What is Mediation and How Does it Work?

Mediation is a type of alternative dispute resolution (ADR) technique that allows parties to a legal issue, including family law issues such as divorce, to address that legal issue outside of a courtroom. The process is similar to a negotiation - where each party and their attorneys tries to reach an agreement. However, in a mediation, a neutral third-party facilitates the negotiation and works with each side to resolve any areas of disagreement. A mediator's role, as a neutral party, is to work with each side to find common ground and creative solutions. In addition, the mediator tries to work with each party to address the root issue of any disagreements and to relay and communicate information between the parties in a productive way.

In a mediation, the mediator has no bearing on whether the process is successful. They merely facilitate the agreement between both parties; it is up to each party to work with the mediator and come to an agreement. If a resolution is reached, the agreement is submitted to the court for approval in the same way as any other negotiated agreement would.

What Are the Benefits?

There are many reasons why parties might choose to work with a mediator during a divorce. First, if parties want to avoid a courtroom battle, but are having difficulty reaching agreement during negotiations, a mediator may reframe issues, provide creative solutions, and facilitate agreement. In addition, using a mediator to frame issues and help to address areas of disagreement may help the parties to keep an amicable relationship in the future. Mediation also provides parties with greater flexibility to control the outcome, and avoids the uncertainty of taking the case to court. Mediation is confidential, and also allows parties to avoid airing any disputes or "dirty laundry" in a public setting. Finally, there are generally savings - both in terms of time and cost - over taking the case to court.

Our Attorneys Can Help

While mediation may be a great option for some, it is not the right option for everyone. If you have questions about whether or not mediation might be a good option for your case, it is important to speak with attorneys who have experience with the mediation process. Our skilled DuPage County family law attorneys are here to help. Contact us today at The Stogsdill Law Firm, P.C. to talk with one of our experienced attorneys.