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:
- Reduce costs: Opposed to a long, drawn-out legal process, a mediation session is usually a relatively short and inexpensive procedure.
- Allow input: If a divorce is being handled by lawyers or a judge, your opinion may not be heard. By sharing the floor with your spouse and an impartial third-party, you have the freedom to express your needs and concerns.
- Provide confidentiality: Unlike a court proceeding, everything that is communicated in a mediation agreement is confidential.
- Provide flexibility: Depending on how chaotic your schedule is, a mediation session can be very accommodating. Weekend meetings, conference calls, and online video chat may be utilized if an in-person meeting is not possible.
- Protect children: Divorce mediation would only involve you and your spouse. Considering that children are sometimes required to participate in a divorce trial, a mediation arrangement would protect your children from additional stress.
- Create a stable future: By working with your spouse and utilizing a “give and take” mentality, you and your spouse can maintain a friendly relationship.
Contact a DuPage County Divorce Attorney
If you and your spouse are having trouble diving your assets or creating a parenting plan, divorce mediation might be your best option. Before you allow a judge to make major life choices for you, additional alternatives should be explored. At Weiss-Kunz & Oliver, LLC, our knowledgeable Elmhurst mediation lawyers can determine if mediation is in your best interests. Contact our office today at 312-605-4041 to schedule an initial consultation.