While some Illinois divorce cases will go through a full trial to determine disputes, many more divorce cases are resolved through less adversarial processes, such as mediation, where parties sit down with their lawyers and a mediator trained in techniques for resolving disagreements.
Often, mediators can get divorcing couples to settle their case, instead of conducting a trial to have a judge decide asset division, spousal maintenance, and issues related to minor children. Illinois laws allow judges to order mediation for some divorce issues or the parties may both voluntarily choose the process for some or all issues.
Mediation may not be suitable in all divorce cases, so you should discuss your specific circumstances with a Chicago divorce mediation attorney. There are multiple benefits you may be able to take advantage of, including:
Quick Resolution
With proper preparation work and communication between the parties’ lawyers in advance, the mediation process itself can be completed quickly – sometimes in just a day. As a result, mediation is often more streamlined than going to trial which can take several months or even years, since litigation involves motions, discovery, hearings, and other formal court proceedings.
Lower Cost Compared to Litigation
Because divorce disputes can be resolved more efficiently through mediation, couples often benefit by spending less on attorneys’ fees and legal costs. Lawyers must invest significant time and resources preparing for trial, which can take place over several days due to the complex rules governing the presentment of substantial evidence and multiple witnesses.
Control
When a mediator can guide parties to reach an agreement, they have more control over the process and can work out an arrangement that best suits the family. The alternative is having a judge determine property division, spousal support, allocation of parental responsibilities, and parenting time – according to strict, rigid Illinois statutes. The lack of flexibility allotted to judges can result in applying the laws to the facts in a way that makes no one happy.
Certainty
You might feel confident about your position with respect to different divorce issues, but there are no guarantees in the trial process. With mediation, the parties work out their agreement, draft the necessary documents, and then present it to the judge to make your mediated agreement a legally binding order of the court. The uncertainty and risks of a trial are eliminated.
Maintain Healthy Relationships
Couples with children will usually be forced to interact with each other to comply with custody and visitation – sometimes for many years after divorce. Mediation is generally a more amicable proceeding since parties are working together towards a common goal. As a result, parents go forward on better terms and can maintain a healthy relationship with each other for the benefit of the children.
Contact a Chicago Mediation Attorney Regarding the Benefits
For more information about mediation and whether the process would serve your interests in an Illinois divorce case, please contact Michael C. Craven at (312) 621-5234 or via our website. We can set up a remote consultation to review your situation and explain the benefits.
