Is Mediation or Litigation Right for You in an Illinois Divorce?

 Posted on May 08, 2025 in Divorce

Divorce can seem like a huge undertaking. Some delay the process, fearing it will become a prolonged, bitter fight. However, not all divorces are created equal, and you have options, including mediation, that can smooth the bumpy road and make the process less intimidating for both parties. When you need the court to intervene, you can still have an experienced Arlington Heights, IL divorce attorney on your side to walk you through the legal process and protect your rights.

What Is Divorce Mediation in Illinois?

Under Illinois law, mediation refers to a meeting outside the courtroom where a professional, often an attorney, acts as the mediator between both parties. The mediator's job is to keep the conversation on track toward an agreement about the divisions that must be made during a divorce. Often, the mediator will make helpful suggestions and offer legal routes to compromise that make the process swift and straightforward. Mediation is effective when both parties create a divorce decree and feel their rights were protected and they were not required to overly compromise on important issues.

How Is Divorce Litigation Different From Mediation?

In mediation, you have control over the outcome of your divorce, because you make decisions together. On the other hand, divorce litigation leaves the terms of your settlement in the court’s hands. You will need to follow a more formal structure in line with court procedure. Your attorney will advise you throughout the process, gathering relevant documents, testimonies, and other evidence when necessary.

Sometimes, working together in mediation is not the best option. Mediation emphasizes communication and compromise, allowing you to work out your disputes together. For some couples, the situation may be too contentious or complicated and will require litigation.

What Are the Advantages of Divorce Mediation Over Litigation?

Mediation can be a better option for resolving disputes for many reasons, including:

• The mediation process can be less combative and more collaborative.

• Mediation is often faster and more flexible.

• You both will feel more empowered by your ability to control the outcome, rather than having a judge do it for you.

• Unlike litigation, a public process, mediation is confidential.

• Mediation is more cost-effective, typically costing significantly less than litigation.

If you have children, working together to create a stable environment post-divorce is ideal. However, when you are dealing with a highly difficult relationship, such as one involving mental, physical, or financial abuse, litigation may be your best approach. 

Contact Our Arlington Heights, IL Divorce Attorneys Today

Whether you think that divorce mediation is right for you or that litigation may be the more reasonable strategy, the Arlington Heights mediation and divorce lawyers at A. Traub & Associates can help. Every divorce is different, deserving of a careful evaluation to find the right approach. We understand that divorce can be scary, which is why we work closely with our clients to help them feel as comfortable as possible throughout the process. Call 847-749-4182 today to schedule your initial consultation.