What Are The Pros And Cons of Divorce Mediation In Illinois?

 Posted on October 05, 2022 in Divorce

Getting a divorce can be an exceptionally emotional and turbulent time for all parties involved. To make matters worse, the experience of going to court to resolve your and your spouse's legal issues can be an expensive, upsetting, and intimidating experience. In addition, parties may fear that placing essential decisions in the hands of a judge may result in their needs or their family's needs not being considered. Luckily, if both parties believe they may be able to reach a compromise through a mediation process, they will be able to wield more power over the outcome of their case. 

According to Forbes, the average divorce in the United States costs $7,000. However, this number can fluctuate spectacularly depending on the case's variables. Often, spouses may choose mediation to help limit the potentiality of an expensive divorce.

What Is Mediation?

Depending on the case, mediation can be ordered by the court and a mediator appointed by a judge. In other situations, both parties may agree to solve their legal problems proactively through the assistance of a mediator. During the mediation process, parties will meet with a third-party mediator to help them pinpoint specific issues that require addressing, ensuring that everyone understands their legal obligations. It is important to remember that the mediator does not make any decisions on behalf of the divorcing parties. Instead, the mediator will help you and your spouse make decisions and compromises that, hopefully, both sides can be satisfied with in the end. 

Pros of Choosing Mediation

Besides increased control over the outcome of a case, there are other benefits to choosing mediation. These benefits include: 

• Effectiveness – Mediation is often chosen because it can move the divorce process more quickly and for less money than litigation in court. Instead of making multiple expensive court appearances, mediation will allow the parties to settle their issues outside of the courtroom. In many cases, spouses will split the cost of mediation. Once decisions have been made, both parties go to court to complete the legal process.

• Privacy – Everything discussed during the mediation process is entirely confidential. When parties cannot agree during the mediation process, documents produced during the discussions cannot be used as evidence in court. It can be comforting to know that legal differences can be settled privately instead of in a public courtroom. 

• Partnership – Especially when children are involved, mediation can help develop a cooperative relationship between parents, mainly when the issues of allocating parental responsibilities and parenting time are being discussed. Mediation can be the foundation of a co-parenting relationship moving forward after the divorce is finalized. 

Cons of Choosing Mediation

With mediation, certain disadvantages must be taken into consideration, such as:

• With mediation, no one but you is looking out for your best interests. Instead, the mediator will be looking to strike mutually beneficial deals for both parties.

• If one spouse is more aggressive than the other or both sides cannot engage in civil discourse, the mediation process will be rendered useless. 

• Mediation cannot guarantee a fair outcome for all parties involved. 

Contact An Arlington Heights Mediation Attorney 

No matter how you slice it, divorces can be a harrowing experience for all involved. If you believe mediation is the best course of action for you and your spouse, contact knowledgeable Arlington Heights mediation divorce lawyers with A. Traub & Associates. Call 847-749-4182 to schedule a confidential and comprehensive consultation.

Source:

https://www.forbes.com/advisor/legal/divorce/how-much-does-divorce-cost/