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DuPage County divorce mediation lawyerIn previous blogs, we have discussed the many advantages of divorce mediation. Mediation is an alternative dispute resolution method that is much less stressful and expensive than court litigation. When a couple disagrees about child custody, spousal maintenance, or other terms of their divorce, mediation can help them reach an agreement that works for both parties. However, mediation is not right for every divorcing couple. A qualified divorce attorney can help you decide whether or not mediation will be in your best interests while working to protect your rights throughout the divorce process.

Marriages Involving Domestic Violence or Abuse

The main element of any abusive relationship is an imbalance of power. An abusive spouse may use physical violence, threats of harm, intimidation, gaslighting, and other tactics to maintain power and control over his or her victim. It is important to note that domestic violence does not only include physical abuse. It can also involve financial abuse, emotional or verbal abuse, and sexual abuse. If a person is leaving an abusive marriage, divorce mediation is rarely recommended, because the imbalance of power makes a cooperative mediation process virtually impossible.

Divorce Involving Financial Fraud

Many divorce issues discussed during mediation involve finances. In order for spouses to negotiate the terms of their divorce, both spouses must be transparent and honest about the assets they own, the income they earn, and the debts they owe. If a spouse is hiding assets or lying about income, property, or debts, mediation may be a waste of time. Some spouses may even dissipate, or waste, marital assets prior to divorce by spending money on an affair, drug or alcohol addiction, gambling addiction, or for other reasons. If you have reason to believe that your spouse is lying about their finances or has dissipated marital assets, you should contact an attorney right away.

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Lombard divorce mediation attorneyWhile many people think that all divorces are hostile and aggressive, couples are often able to work together to end their marriage in an amicable manner. Here in the United States, divorce mediation is a commonly used strategy to negotiate a divorce settlement. Mediation is a process in which you and your spouse work with your attorneys and a third-party mediator to resolve the outstanding issues surrounding your divorce. If you believe that mediation is the right decision for you and your family, speak with your legal team regarding your options moving forward. 

The Role of the Mediator 

Many people disregard the option of mediation due to misconceptions they have related to the role of the mediator. During mediation, the mediator will assist you and your spouse through discussions and conflict resolution. It is important to note that the mediator will not make decisions for you and your spouse but will instead work to help you resolve issues in a mutually beneficial manner. Once an agreement has been reached between the two parties, the final agreement will be presented to the judge for approval. 

The Benefits of Mediation 

There are many positive aspects of pursuing mediation. It can expedite the divorce process, save you money, and develop a foundation for you and your spouse to establish a new relationship moving forward. Even more beneficial is the manner in which mediation can impact the nuanced aspects of your divorce. When it comes to financial issues, mediation can allow both parties to reach an agreement that will allow you to meet your ongoing needs. If children are involved, parents can work to reach an amicable child custody agreement that will ensure that the children can maintain a relationship with both parties. If you and your spouse are interested in pursuing mediation, we would be happy to answer any questions you may have about the process. 

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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 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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