Choosing Between Mediation and Contested Divorce

 Posted on August 08, 2023 in Mediation

A majority of people who get divorced today use strategies like divorce mediation and attorney-facilitated negotiation to settle their divorces. Only a minority of divorce cases are now litigated. One of the earliest decisions you will need to make during the divorce process is whether you would like to try alternative dispute resolution or proceed directly to litigation. In most cases, resolving your divorce issues outside of court is faster and less costly. However, it only works if both parties are willing and able to participate in good faith. While you do not need to be amicable to succeed in mediation, mediation may not be an effective strategy if there is a very high degree of conflict in your case. You likely know your situation better than anyone else and may be in the best position to determine whether alternative dispute resolution is likely to be worth trying. An attorney can help you determine whether your case is one that may need to be litigated.

Who Should Consider Alternative Dispute Resolution? 

Most spouses should consider using mediation or attorney-facilitated negotiation. Even if you are not on the best of terms, divorce mediators are experienced in keeping communication productive. You do not even need to be in the same room as your spouse in some types of divorce mediation. However, both you and your spouse must be willing to work with each other and behave in a fair and reasonable manner.

You may also find that mediation can be good for parents who will need to continue co-parenting after the divorce. Mediation can protect the children from the conflict involved in the divorce.

Who May Need to Contest Their Divorce? 

If your spouse has a significant mental illness or substance abuse problem, they may not meaningfully participate in alternative dispute resolution. Contested divorce may also be necessary if your spouse was abusive and working with them may not be safe or healthy. Those with complex financial situations and sizeable marital estates may also find that they want the legal protections of having a judge make certain decisions about how property is to be divided.

Additionally, if you have tried mediation or attorney-facilitated negotiation and found it to be unproductive, it may be time to contest the divorce.

Contact a DuPage County Divorce Attorney

Andrew Cores Family Law Group is experienced at resolving divorce cases both in and out of the courtroom. Our team of caring Wheaton divorce lawyers will do all we can to ensure that you receive a fair and favorable outcome. Contact us at 630-871-1002 for a complimentary consultation.

Source: 

https://www.forbes.com/advisor/legal/divorce/contested-divorce/