When and if mediation is an appropriate divorce solution

On behalf of Janet Boyle of Boyle & Feinberg, P.C. posted in Divorce Mediation on Wednesday, August 24, 2016.

Divorce litigation can be a protracted and expensive process. Some Illinois couples who are facing the end of their marriage may want to consider mediation as a method of handling their divorces. Choosing mediation may save time and money, but it is not an appropriate resolution method for every situation.

Divorce mediation is an alternative dispute resolution method that may help people to avoid litigating disputes in court. In mediation, the spouses meet with a neutral third party who is trained in facilitating agreements. If an agreement is reached in mediation, the mediator will then put it in writing for the parties so that they can file it with the court. The agreement that is reached will become a part of the court’s final orders when the divorce decree is issued.

Mediation is inappropriate for people who have had histories of abuse of any sort in their marriages. It is also inappropriate if one spouse believes that the other may be hiding assets. People who are not able to stand up for themselves may also want to avoid the process. To be successful, the parties must believe that mediation will result in a successful resolution, and they must be willing to compromise with each other.

A person who is facing a contested divorce may want to take some time to think about whether or not mediation may help to reach an agreement on all of the issues that are in dispute. If the decision is made to go forward, it should be noted that each party is still entitled to have legal representation throughout the process.