What is Divorce Mediation?
Talking to your partner about the practicalities of separation or divorce can be extremely difficult. Divorce Mediators work with a couples involved in family break-ups to make arrangements, either to plan for a separation or divorce, or after the split has taken place.
Mediation is one of the most frequently used methods of negotiating a divorce settlement. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. Topics covered in Divorce Mediation include:
- Child custody
- Child support
- Property/Asset division
- Retirement accounts
- Taxes
While mediation sounds like an ideal solution for separating, there are pros and cons to consider first.
Pros of Divorce Mediation
There are several key benefits to using mediation for your divorce that have contributed to its growing popularity:
- Speed: Because you do not need to wait for a court date, it is usually much faster to get divorced using mediation than by going to court. By getting you and your ex-partner in one place, it can also speed up communications between you.
- Voluntary: Mediation is a voluntary process, so there is absolutely nothing forcing you to agree to anything that you find unacceptable during the mediation process. The fact that mediation is voluntary allows many divorcing spouses the sense of ownership and independence they need to feel comfortable making important compromises and decisions.
- Control: Mediation allows you to keep control of your divorce, rather than leaving the final decision in the hands of a judge.
- Privacy: When you go to court, the proceedings are held in public, meaning the details of your divorce, including any financial settlement will be made public. Mediation allows you to keep your divorce private, meaning the details will only be known to your and your spouse.
- Cost: Mediation is generally much less expensive that court action because of the lower legal fees involved.
Cons of Divorce Mediation
Mediation is not the right answer for every divorcing couple, and there are some important elements of mediation that can be disadvantages:
- Disputes: Mediation is not useful if the parties cannot engage in open dialogue with each other or if your spouse is more aggressive than you.
- Hiding Assets: If your spouse is hiding assets, the mediator may not ever find out. If you have an attorney representing you, the attorney can use the discovery process and independent investigation to determine whether your spouse is hiding assets.
- Fairness: Mediation does not guarantee a fair outcome.
- Not for Complicated Matters: Mediation is not appropriate for certain cases, such as those involving domestic abuse and addictions.
Contact an Illinois Divorce Lawyer to Help with Your Mediation
Masters Law Group have many years of experience helping people to get divorced quickly, cost-effectively and with minimal conflict using mediation and other non-confrontational methods. With a sensitive but practical approach, we aim to make getting divorced as straightforward as possible.
Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.
We look forward to learning more about you and how we can assist as your Divorce Mediators.
