How Does Divorce Mediation Work?

 Posted on June 22, 2024 in Divorce

Divorce is thought of as a negative and unpleasant process. It is true that there are some amicable divorces where the parties agree on all the issues and part ways as best friends. But studies show that on average, 72 percent of the emotions that are experienced during divorce are negative. These emotions often get in the way of spouses agreeing on certain issues like child custody and property division.

Mediation is a great way to cut through the emotional noise and bring divorcing parties to a compromise. Most couples who attend mediation for their divorce end up coming to a settlement agreement, which is why judges usually order couples to attend mediation before fighting their issues out in court.

While mediation is a popular method of alternative dispute resolution, it is not effective in every case. Consult your Illinois mediation attorney to find out if mediation is right for your divorce.

How Does Divorce Mediation Work?

In mediation, you and your spouse negotiate the issues that are in dispute. You are not required to be represented by an attorney, but having one by your side can help you significantly.

The mediation process is run by a mediator, who is a certified negotiator chosen by the court. Many mediators are former judges.

In a mediation session, the mediator will address both parties and then place each party in a separate room. The mediator will meet each side separately and go back and forth between the rooms trying to iron out a compromise. Once the mediator gets both sides to agree, they will sign a settlement agreement which becomes legally binding.

Why Is Mediation Better Than Litigation?

In many cases, mediation is a great alternative to litigation, which means arguing the case in court. This is for a few reasons:

• A court battle can be significantly more expensive and time-consuming than mediation.

• Mediation allows both sides to negotiate separately, minimizing the effect that negative emotions have on their decision-making.

• In mediation, the parties are more in control of the process. In litigation, the judge is in charge.

• Mediation is more informal, which can help parties better express themselves and engage more.

• Mediation allows more room for creative solutions.

• Parties who reach a settlement through mediation are usually more satisfied with the outcome than after receiving a decision by a judge.

Contact a Kane County, IL divorce Mediation Attorney

People who attend divorce mediation do not need to hire an attorney. However, having a Batavia, IL divorce mediation lawyer by your side during mediation sessions can help you reach a much more satisfactory settlement. At The Law Office of Matthew M. Williams, P.C., you will work with an excellent attorney who is a fierce negotiator and who is passionate about getting you the best outcome possible. Call 630-409-8184 today to find out whether mediation is right for you.