Is Mediation Right for My Divorce?

 Posted on April 10, 2020 in Mediation

Once you have come to the decision that you and your spouse are getting a divorce, your next task is to determine how you will go about getting the divorce. Though it may be surprising, there is more than one way you can get a divorce. Your default choice when you make your decision should be some form of a collaborative process. You can use a collaborative process, litigation, or mediation. The process you use to get divorced entirely depends on your unique situation and what would work best. An Illinois divorce attorney can help you determine the right course of action.

What Is Divorce Mediation?

Divorce mediation is a type of alternative dispute resolution (ADR) that allows you and your spouse to work with a third-party mediator to complete your divorce. Mediation, unlike most other forms of divorce, does not assign an attorney to each spouse. Instead of attorneys, the mediator is present to keep the couple on track about which issues they must address and helps to settle arguments if they arise. As such, the mediator is not allowed to give legal advice and is not permitted to pick sides or sympathize more with one spouse.

Mediate or Not?

Divorce mediation can be enticing to many couples because it often reduces court costs and completes the divorce as quickly as the couple pleases. There are also other benefits of divorce mediation, such as the ability to make your own decisions for your family, being able to have a more peaceful divorce and keeping stress to a minimum. In some cases, however, a mediated divorce would not be in the best interests of the family. You may want to consider a different method of divorce if:

• Your spouse is violent or abusive. Unfortunately, in some marriages, there is violence or abuse present. If you are a victim of domestic violence, you should probably not try to mediate your divorce. In situations in which one spouse has power over the other, a form of divorce in which both spouses have an attorney would likely be best.
• You cannot advocate for yourself. Likewise, if you do not feel like you can speak up for yourself, you may want to consider a different form of divorce. In mediation, the mediator must be an uninterested, third-party individual so they do not advocate for one of you. If your spouse overpowers you, you might want to consider a different form of divorce.
• You have reason to believe your spouse might be hiding something. Though mediation can be beneficial to produce a divorce agreement, it is not technically a legal process in itself. This means neither you or your spouse are legally forced to produce all financial information. If you think that your spouse may try to hide something from you, you should pick a different process.

A DuPage County Divorce Lawyer Can Help You Decide

Sometimes, it can be overwhelming when presented with so many choices. Our Elmhurst, IL divorce and mediation attorneys are here to help you narrow down your choices and help you determine your best course of action. At Weiss-Kunz & Oliver, LLC, we are here to make sure your rights are protected during whichever process you choose. To schedule a consultation, call our office today at 312-605-4041.

Sources:

https://www.mydomaine.com/what-is-divorce-mediation-and-how-does-it-work-1103259

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/

https://lifehacker.com/8-signs-you-should-skip-mediation-and-head-straight-for-1796452292