Understanding the Divorce Mediation Process in Illinois

 Posted on March 16, 2021 in Mediation

When a couple is pursuing a divorce, two sets of lawyers are often used to address the legal issues that must be resolved. Each lawyer will represent their client’s best interests when negotiating a divorce settlement or resolving issues in court. Divorces can be lengthy and expensive, but if a couple can work together to resolve their outstanding legal issues, the process can be made easier and simpler. In these cases, divorcing spouses may want to consider divorce mediation.

What Is Mediation?

During mediation, a third-party mediator works together with the spouses to resolve legal disputes. In regards to divorce, a mediator can help couples end their marriage on their own terms. Couples will discuss the various aspects of their divorce with the mediator present, working to reach a decision regarding issues such as property division, parenting considerations, and spousal maintenance. If they are able to reach an agreement, their divorce settlement will be sent to the court for final approval.

The mediator does not make decisions for the couple, but instead acts as a facilitator, guiding the conversation and helping them to understand the issues that must be resolved, and working to reach a mutually acceptable agreement. Here are a few reasons couples may choose mediation over traditional litigation:

• Mediation often costs less and takes less time than litigation in court.

• Couples have more control over the outcome.

• The mediation process is completely private and confidential.

• Spouses can use mediation as an opportunity to build a positive post-divorce relationship.

The Process of Mediation

Mediation is more casual than a court appearance, but it often has a formal structure designed to reach a positive outcome. The mediator will typically make an opening statement to start everyone out on the same page with rules and goals. Although the mediator cannot take sides, they will encourage the parties to work together and compromise. The mediator and spouses will then discuss the terms of the divorce and work to resolve all outstanding issues.

During mediation, each spouse may ask to speak to the mediator privately, which can help them flesh out ideas and talk about their goals. This can be done as many times as needed until the parties are ready to meet together again.

If a settlement can be reached between spouses, a settlement document will be created, and it will become legally binding once it is entered into court as the divorce decree. Multiple mediation sessions may be required to resolve all outstanding issues. If a decision cannot be reached on certain aspects of the divorce, these outstanding issues may need to be resolved through litigation in court.

Contact a DuPage County Divorce Mediation Attorney

Separating from a person you thought you would share your life with is hard enough. To ease your stress and emotional strain during the divorce process, contact an experienced Wheaton divorce mediation lawyer at Andrew Cores Family Law Group today. Call 630-871-1002 to schedule a free consultation with a member of our team.

Sources:

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/mediation/

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59