Divorce Mediation Questions and Answers

 Posted on August 04, 2016 in Mediation and Collaborative Law

Did 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.

What Are the Different Forms of Divorce Mediation?

Divorce mediation can take many different forms. A couple can initially choose mediation over a litigated divorce, and a divorce agreement can be reached simply by working with a qualified mediator. If both parties are able to work together, this option can be a cost-effective divorce solution, as attorneys do not need to be retained. That said, both parties are still able to hire legal representation if needed, and a litigated divorce can be pursued if mediation is not successful. In other cases, a judge presiding over a litigated divorce may require or suggest that a divorcing couple attend mediation. Or, a divorcing couple may decide to explore mediation but have their individual attorneys offer them guidance throughout the process. Other specialists like accountants, therapists, and counselors may be brought in to help with the mediation process if needed.

What Are the Benefits of Divorce Mediation?

It is important to understand that while mediation is a great option for some couples, a traditional litigated divorce is a better choice for others. Only couples willing and able to work together will be able to handle their divorce through mediation, although mediation can be a great tool for conflicted parties to use during their divorce. Additionally, if there is a past history of spousal abuse or violence within the family, mediation is likely not a strong choice. There are, however, many benefits of mediation. First, mediation is often much more cost effective than litigated divorce solutions. Also, mediation can help couples reach a settlement faster and more privately – anyone could sit down in a courtroom, but mediation is kept strictly confidential. Mediation also allows both parties the ability to resolve their issues on their own and have greater control over the outcome of their divorce. Finally, mediation can help couples with children divorce while still maintaining a healthy relationship to allow for better co-parenting in the future.

Where to Find a Divorce Mediator?

Where to look for a mediator depends on your unique divorce situation. If you and your spouse are opting to avoid working with divorce attorneys, you can check local resources, online, and seek recommendations from trusted friends and family members for qualified mediators. Remember, not all mediators are created equal. Ideally, you should work with a mediator who is also a skilled family law attorney, as they will be able to best help you navigate the complex Illinois legal system. If you are still hiring divorce attorneys but plan to use mediation as part of your divorce, your attorney can recommend a neutral, qualified mediator for your case.

Divorce Solutions to Meet Your Needs

At Pesce Law Group, P.C., we understand how challenging divorce can be, and we encourage clients to find the best divorce solution for their specific case. To learn more about mediation and the other divorce services we provide, contact a qualified Naperville divorce attorney at 630-352-2240 today to schedule a free consultation.

Source:

http://communitynewspapers.com/pinecrest/role-mediation-divorce-cases/