Alternatives to Litigation in Your Illinois Divorce

 Posted on July 02, 2019 in Mediation and Collaborative Law

Just 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.

Collaborative Law and Divorce Arbitration

Some couples require more assistance in coming to an agreement on divorce issues than mediation alone can offer. In a collaborative divorce, both spouses and their attorneys work together to reach a divorce settlement without courtroom litigation. Each spouse’s attorney will protect their interests and advocate on their behalf. They will use collaborative negotiation in order to help the spouses reach an agreement about property, child custody, and spousal maintenance issues.

If mediation or collaborative discussions do not result in an agreement about all of the divorce issues, divorce arbitration is another means of alternative resolution. Divorce arbitration is similar to litigation in that a neutral third-party arbitrator listens to each spouse and their attorney regarding the outstanding issues and then makes a decision about these issues on their behalf. One possible downside to divorce arbitration is that these decisions cannot be appealed. Unlike courtroom litigation, divorce arbitration is a private process.

Contact a Naperville, Illinois Alternative Resolution Attorney

If you want to learn more about these alternative means of divorce resolution, contact a DuPage County divorce lawyer from Pesce Law Group, P.C. today. Call 630-352-2240 to schedule your free, no-obligation consultation.

Sources:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives

https://www.huffpost.com/entry/divorce-mediation-myths_b_831334