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Pros and Cons of Divorce Mediation

Posted on in Mediation

Warrenville divorce mediation attorneyWhen getting a divorce, there are a couple ways to officially complete the process of dissolving a marriage: traditional litigation and mediation. The definition of litigation is to take legal action, and in this process, disputes are resolved in court, with both parties typically being represented by an attorney. Although mediation usually requires a licensed professional mediator, it is often an easier process than going to court. Understanding the advantages and disadvantages of mediation can help you choose the best option for your divorce.

What Is Mediation?

A mediator is a third party who will aid divorcing spouses in conflict resolution. Their job is to be neutral advisor during the mediation process, helping to clarify misunderstandings and guiding the spouses toward making decisions. It is important to have a mediator during a divorce that understands the complexity of legal matters such as the allocation of parental responsibility (child custody), parenting time (visitation), and the division of assets.

Mediation Pros:

  • Cost - Generally, mediation is a less expensive alternative to litigation. Mediation is also often a faster process, which means you will likely be paying less for a mediator than you would for an attorney to represent you during litigation. Choosing mediation over litigation can save you up to 60% when it comes to your divorce.
  • Control - Your mediator is there to help both sides reach an agreement rather than to make decisions for you. During mediation, all decisions are up to you and your ex, and you can work together to reach a compromise on the outstanding issues in your divorce. In court, the final decisions will be made by a judge, and you will have little control over the outcome.
  • Confidentiality - Court cases are public, which means that records from the trial can be easily accessed. With mediation, there are no transcripts or records, which keeps your divorce private. 

Mediation Cons:

  • Environment - Unlike a day in court, a mediation session does not have formal rules. If one party does not speak up about their desired outcome for the divorce, there is not anyone to advocate for his or her best interests. During litigation, a lawyer will help prepare documents and evidence and speak on your behalf. 
  • Not for every situation - If a marriage is ending because of emotional or physical abuse, mediation will likely not be helpful, and it may be another opportunity for the abuser to inflict further damage. 

Get in Touch With a Winfield Family Law Attorney

While mediation can be beneficial, it requires spouses to work together and be willing to compromise. If spouses are unable reach an agreement through mediation, further legal action will be required to resolve any outstanding issues. Contact an experienced West Chicago divorce mediation attorney from the Law Offices of Nancy Kasko, LLC to find out if mediation is the right choice for your divorce. Set up a free consultation by calling our office at 630-836-6540.

Sources:

https://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/benefits_of_mediation_in_divorce_cases.html

DuPage County Bar Association Kane County Bar Association Illinois State Bar Association Chicago Bar Association DuPage Association of Women Lawyers
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