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When Mediation Might Not Be a Good Idea in an Illinois Divorce

 Posted on February 28, 2024 in Divorce

IL divorce lawyerThere are several ways people can end their marriage. Some people settle their divorce through litigation, some have an uncontested divorce, and some can work out all the aspects of their divorce settlement through mediation. Mediation often allows for a marriage to be legally ended with less stress and lower costs. However, it is not suitable for all scenarios. If you are wondering whether divorce mediation is the right method for you, speak with a knowledgeable Arlington Heights, IL divorce lawyer to find out more.

When Is Mediation Unsuitable?

When a couple decides to try to settle their divorce through mediation, they need to communicate in a clear and honest way and express what they truly want. The mediator passes questions, information, answers, and any other messages between the two spouses until they ultimately reach a mutually acceptable agreement.  with the media Mediation is not advisable under certain circumstances, including:

  • High conflict divorce: If the spouses cannot communicate productively, mediation likely will not be successful. In mediation, both parties involved need to show that they are willing to negotiate and compromise. Without such a willingness, it is unlikely that mediation would be productive.
  • Domestic violence: If there is any history of domestic abuse or violence, mediation might not be safe or healthy, let alone successful. In such circumstances, the victims of domestic abuse should stay as far away as they can from their abusers.
  • Complicated financial issues: If either spouse has investments, commercial properties, offshore accounts, business interests, or other assets, it can make the divorce more complex, and mediation would likely not be a good choice.
  • Mental health complications: If either spouse has a history of mental health issues, participation in mediation may not be feasible. If either spouse is unable to effectively communicate, express themself, understand their priorities, make decisions, or negotiate effectively, mediation will not likely succeed. The frustrations and stress involved in divorce might even exacerbate any issues that already exist.
  • Unequal balance of power: If one spouse has more power than the other in any way, if, for example, one never worked and the other had a high-powered and high-earning career, mediation might not be suitable.

Contact an Arlington Heights, IL Divorce Mediation Attorney

If you are considering divorce but are not sure whether mediation would suit your specific situation, speak with an experienced Arlington Heights, IL divorce lawyer. At A. Traub & Associates, we will review your case and advise you with compassion and sensitivity. Call 847-749-4182 so we can begin planning on how best to advocate for your rights and interests.

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