Is Divorce Mediation Right for Me?

 Posted on July 29, 2021 in Divorce

If you are getting a divorce from your spouse, it is important to learn about all of your options. An alternative resolution option many divorcing couples find beneficial is mediation. The mediation process involves working with a trained mediator to negotiate various issues in your divorce, from child custody to division of assets. Mediation may help you and your spouse reach an agreement and avoid the often stressful process of divorce litigation. However, mediation is not right for everyone. 

Advantages of Mediation

During mediation sessions, you and your spouse will sit down in a quiet room and try to come to an agreement on how your divorce matters will be dealt with. Rather than providing legal advice, a mediator will facilitate the discussion and help you stay focused on the issues at hand. Here are several benefits of mediation:

• It is less time-consuming than litigation. Divorce ligation often includes multiple court hearings, which can be time-consuming and stressful. Mediation, on the other hand, can typically be completed in just several sessions.

• It is less costly. Divorce mediation is a fraction of the cost of a divorce trial, making it an attractive option for many people.

• It may help you preserve your relationship. Mediation involves calmly communicating with one another to reach an agreement rather than fighting in court. Therefore, it may help you and your spouse remain civil with one another after your divorce. This can be especially beneficial if  you have children together.

When Mediation Might Not Work

Although mediation can be an effective tool for reaching an agreement in a divorce, it may not work for everyone. Here are a few situations when mediation may not be the best option.

• Your spouse has been abusive. If your spouse physically or mentally abused you, mediation likely will not work. An abusive spouse may have a difficult time understanding your needs and use mediation to only get what he or she wants. 

• You and your spouse cannot get along. Some divorcing spouses are able to remain civil with one another. They can put their differences aside and concentrate on coming to a favorable resolution for everyone. However, if you and your spouse cannot go a minute without arguing, mediation may not be the ideal solution. 

• Your spouse has a drug or alcohol problem. If your spouse suffers from drug or alcohol addiction, you may also want to steer clear from mediation. Your spouse may not be able to think clearly enough to come to a reasonable agreement.

Contact a DuPage County Divorce Attorney

If you have additional questions about mediation or other divorce options, a Naperville, IL divorce lawyer can help. At the Law Office of Ronald L. Hendrix, P.C., P.C, we can help you decide if mediation is the right option for you. Call 630-355-7776 to schedule a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV%2DA&ActID=2086&ChapterID=59&SeqStart=5400000&SeqEnd=6200000