Getting a divorce can be a complicated process. Regardless of the level of conflict between spouses, there will be multiple legal and financial issues that will need to be addressed. Even if a couple has agreed to work together to resolve these issues amicably, they may encounter a number of concerns that will affect their finances, their relationships with their children, and their ability to move forward after their marriage has been dissolved. These issues can become even more complicated in cases where a couple becomes involved in contentious disputes. Fortunately, divorcing couples have a number of options for resolving their issues and completing the divorce process, and in many cases, they can benefit by using mediation or collaborative law.

At Weiss-Kunz & Oliver, LLC, we work to ensure that our clients have the tools they need to complete the divorce process successfully. We provide guidance throughout the legal process, advising our clients on the issues that they will need to address and the ways they can protect their rights and resolve conflicts. We can help divorcing spouses determine whether mediation may be a good option for creating a divorce settlement or whether a collaborative divorce may be a beneficial method of resolving disputes and finalizing the end of their marriage. If an amicable resolution is not possible, we are fully prepared to provide representation during divorce litigation and advocate on our clients’ behalf in hearings and trials.

Contested Vs. Uncontested Divorce

The approach that may be taken during the divorce process will often depend on whether a case is contested or uncontested. In an uncontested divorce, a couple will agree to work together to resolve all divorce-related issues without proceeding with the litigation process and holding a divorce trial. During an uncontested divorce, a couple may encounter multiple types of disputes, but they will work to resolve these matters outside of court and create a divorce settlement.

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:

When you and your spouse are in the midst of a divorce, it can be hard for the two of you to come together and make an agreement. Rather than having a judge divide aspects of your life, such as your property, businesses, and parental responsibilities, you and your spouse can explore different options. Divorce mediation is an alternative dispute resolution (ADR) technique that allows a third-party to help you and your spouse create a settlement plan. If you are interested in a more neutral approach to handling your dissolution of marriage, you should contact an experienced attorney.

How Does Divorce Mediation Work?

Mediation can only be successful if you and your spouse are willing to work together. Keeping in mind that a mediator does not have any legal authority, there cannot be any ultimatums put in place. Once the process begins, the mediator will act as an impartial, third-party moderator. By explaining laws to each party, the mediator will help both sides understand the gravity of the situation. A mediator will not provide legal advice to either party throughout the process, he or she will only moderate the session. For example, if you and your spouse cannot agree on who gets your marital home, the mediator cannot advocate for either side. Outside legal counsel may attend a mediation hearing, however, your spouse may not be willing to participate if that route is taken.

Why Should I Choose Divorce Mediation?

Allowing a third-party to moderate the division of your marriage can make the process much easier for you to manage. Having to completely change your life can already be a lot to handle, but the details attached can cause additional headaches. Coinciding with stress relief, divorce mediation can:

If you are readying yourself to file for divorce, you have likely heard the term mediation at least once during the time you have begun acquainting yourself with the divorce process. Mediation serves a number of purposes when you file for divorce, but its primary role is to provide an alternative platform for dispute resolution between you and your ex-spouse.

Mediation is relatively quick, always confidential, and is voluntary. A judge may order you to attend mediation, but all potential resolutions discussed must be agreed upon mutually, by both parties. Mediation’s biggest appeal is that it is proven to work.

The Illinois Department of Human Rights (IDHR) Mediation Unit reports that they have over an 80 percent resolution rate for all conferences held. If you are considering mediation as you enter a divorce, you are not alone, and you have a very good chance at achieving some common ground with your spouse should you decide to try it out.