Pros and Cons of Divorce Mediation in Illinois

 Posted on June 21, 2019 in Divorce

Getting a divorce is rarely easy. When a couple is facing divorce, they often envision lengthy legal battles in the courtroom. However, divorce proceedings do not have to involve the courtroom at all, and ex-spouses are often able to part ways amicably. When a couple wants to minimize the amount of conflict in a divorce while having control over the terms of their divorce settlement, they often turn toward mediation.

Mediation is a process in which the two divorcing spouses meet with a mediator to come to an agreement on all terms of the divorce, including child custody, child support and property division. Mediation often sounds like the ideal solution because these proceedings are civil and respectful. However, like anything else, mediation does have its own pros and cons. You should weigh these against each other when considering whether mediation is a viable solution for you.

The Pros of Mediation

Mediation generally works very well when the divorcing couple can communicate well with each other and are able to speak openly and honestly. The pros of mediation include:

• The process is often cheaper than litigation.
• Issues are typically resolved more quickly.
• Working together promotes respectfulness between divorcing couples.
• The couple can proceed at a comfortable pace in a low-pressure environment.

After hearing about the many benefits of mediation, many divorcing couples think it is the right option for them. This may be the case, but divorcing spouses also need to understand the disadvantages and pitfalls that sometimes accompany mediation proceedings.

The Cons of Mediation

If a couple attempts mediation when one or both spouses are unwilling or unable to compromise, this could mean the case will wind up in litigation anyway that adds cost and time. For this reason, those considering mediation should understand that the disadvantages to this approach include:

• Determining whether a spouse is hiding assets can be more difficult.
• Mediation is not appropriate for certain cases, such as those involving domestic abuse.
• If one or both parties are aggressive or hostile, the couple will likely not be able to reach an agreement.

Contact an Illinois Divorce Lawyer to Help with Your Mediation

If you are considering divorce and think mediation is right for your case, do not hesitate to reach out to experienced Barrington divorce mediation attorney Nicholas W. Richardson, P.C. He will work with you and your ex-spouse to reach a mutually agreeable divorce settlement. During the mediation process, he will help you understand the issues that must be resolved and the legal requirements that must be met. Contact our office at 847.873.6741 for a free consultation.

Resources:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#131a27db20ae