Can I Settle My Divorce through Mediation?

 Posted on December 27, 2023 in Adoption

No two people are the same. We are all raised differently, come from different backgrounds, and have unique personalities. Similarly, no two marriages are the same. And that is why there is no one way to end a marriage that works for everyone. Some people find that they cannot communicate productively with their spouse and will need others to help them reach an agreement. Some people split with their spouse on good terms and can avoid fighting things out in court to reach a settlement. If you are considering divorce and are not sure which path is best for you, a DuPage County, IL, divorce attorney can explain your options and help you figure out how you want to move forward.

How Does Mediation Work?

In most cases, divorce mediation is a fairly straightforward process. The mediator is an unbiased outsider whose primary goal is to help both people leave feeling satisfied with the settlement. As such, both spouses generally think that they were given equal opportunities to voice their opinions and advocate for their interests. The spouses sit in separate rooms, and the mediator moves back and forth between both, asking questions, relaying answers, hearing each person’s concerns and considerations, and suggesting what they believe both spouses would consider reasonable compromises until a settlement is formulated. Just like in all other types of divorce, a settlement reached in mediation needs to include agreements about all the aspects of divorce, including:

• Any terms that were settled in any prenuptial or postnuptial agreements the couple might have
• Division of assets and debts
• Spousal support/alimony

If there are children, the agreement must also include:

• A parenting plan
• Parental responsibilities
• Child support 

Once the couple has finalized agreements on all the above, a divorce petition will need to be filed with the courts.

Why Choose Mediation?

One of the most common reasons for choosing mediation is that it generally takes less time. Court proceedings require several rules and regulations to be followed. Mediation is more direct, and therefore, settlements can be reached faster. Another reason given is the cost. Mediation tends to cost the couple only a fraction of the cost of divorce played out in court.

And last, family court cases can be quite public. Anyone who wants can sit in on a case and observe the proceedings. Some people are not bothered by this, but others might be uncomfortable with their private affairs being discussed in front of the general public. As stated above, mediation takes place in two separate rooms, with the mediator going back and forth between the rooms. It is a more private option.

Schedule a Free Consultation with a Wheaton, IL Divorce Lawyer

Suppose you believe divorce is in your future and are still determining exactly how to proceed. In that case, a knowledgeable DuPage County, IL, divorce attorney can walk you through the possibilities and help you weigh your options. Please call Goostree Law Group at 630-364-4046 to schedule a free consultation.