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As divorce mediators in DuPage County, we have guided many couples through the challenging process of divorce. Mediation offers a distinct approach that often results in more amicable outcomes compared to traditional litigation. Here, we want to share why choosing mediation could be a beneficial decision if you are facing a divorce in Illinois. It’s a process that empowers you, giving you more control over the outcome and the decisions that will shape your future.
Divorce litigation can be combative, pitting spouse against spouse in a courtroom setting. In contrast, mediation is collaborative. As mediators, we facilitate discussions in a neutral environment, helping both parties communicate openly and honestly. This atmosphere encourages cooperation, which is particularly advantageous if you will need to co-parent children post-divorce.
In mediation, you and your spouse retain control over the outcome rather than placing decisions in the hands of a judge. This aspect is often empowering for both parties involved. You have the opportunity to negotiate terms directly related to your assets, child custody, and other critical matters. This direct involvement can lead to more tailored agreements that better meet the specific needs of your family.
Mediation is a private process, whereas court proceedings are public. In mediation, you can discuss matters openly without concern that your words might become public records. This privacy often makes it easier for spouses to express true feelings and concerns, leading to more genuine resolutions.
Mediation is typically less costly than going to court. Litigation can be expensive, especially with prolonged court battles. Mediation reduces costs not only financially but also emotionally, as it tends to be quicker and less contentious.
The mediation process is often much faster than litigation. While the court’s schedule sets court dates, mediation sessions can be arranged at times convenient to both parties. This flexibility can lead to a quicker resolution, allowing everyone involved to move forward sooner rather than later.
Divorce can be particularly hard on children. Mediation, by promoting cooperation and reducing conflict, tends to create a more stable post-divorce environment for children. Parents can work together to design parenting plans that focus on the children’s needs rather than plans being imposed by a court.
Choosing mediation does not mean sacrificing your needs or not having adequate legal support. Both parties are encouraged to have their attorneys review any agreements made during mediation. This ensures that your legal rights are protected while also promoting a cooperative, rather than adversarial, legal process.
If you are considering divorce, mediation offers a path that can be less stressful, more private, and potentially more satisfying in its outcomes. It places the decisions in your hands, guided by a mediator who is there to support you, navigate through the process, and ensure mutual respect and open communication.
In Illinois, mediation is encouraged as a way to resolve disputes related to parenting time and parental responsibilities. While financial and property issues can also be mediated, the law specifically addresses mediation with respect to children to ensure that their best interests are considered first and foremost.
Mediation usually begins with the spouses choosing a trained mediator. Both spouses may choose the mediator together, or one might start the process and invite the other to participate. It’s wise to choose a mediator who is familiar with Illinois divorce laws and can remain neutral throughout the process.
While not required, it’s recommended that each spouse consider whether they would benefit from having their own lawyer to consult with outside of mediation sessions. Mediators (even attorney mediators) should not provide legal advice – their role is to facilitate communication and help parties reach agreements. Lawyers can provide legal advice prior to and in between mediation sessions. Conferring with your own respective attorneys can be a smart move, especially in complex cases. Ultimately, the agreements reached in mediation must be formally put into writing and approved by the court. For that reason, at least one (but preferably both) of the parties will want to engage an attorney to help review the mediated agreement to ensure that it’s fair and file to finalize the divorce with the court. However, in some simple cases, parties may choose to use simplified court forms to memorialize their agreements and file the papers with the court (and appear in court) themselves.
The length of mediation depends on the complexity of the issues and the parties’ willingness to work together. Typically, mediation can be completed in a couple weeks or in a few sessions over a couple of months, depending on the complexity and issues at hand. Either way, mediation is much faster than litigation.
If mediation does not result in an agreement, you are not bound by what has been discussed, and you can still decide to take your divorce to court. Anything said during mediation remains confidential and cannot be used in court. (Some exceptions to confidentiality include information contained in a signed agreement; threats of harm; attempts, plans, or threats to commit a crime; information needed to prove or disprove abuse, neglect, abandonment or exploitation; or information available under the freedom of information act.)
Once both parties agree to terms during mediation the mediator prepares a memorandum of understanding (“MOU”). The MOU is not the final legal document that the parties should rely on. Rather it is a memorialization of the agreements reached in the mediation process. The MOU provides the framework for the terms of legal documents like a Judgment for Dissolution of Marriage, a Marital Settlement Agreement, or a Parenting Agreement. Such documents, once prepared, must be submitted to the court.
Once submitted the judge will review it and, if appropriate, enter it as part of your divorce decree. Whether a signed MOU is legally binding (and enforceable by the court) will depend on the specifics of the circumstance and the terms of the MOU. For instance, our mediators often incorporate language in the MOU expressly stating that it is the mutual desire of the parties that the MOU be reviewed by the parties’ attorneys and used as a basis for the creation of legal documents to be filed with the court before the agreements can be legally binding.
For more detailed answers to your questions and personalized guidance through the mediation process, contact SBK Law Group. Let us help you find a peaceful, fair, and respectful resolution to your dissolution of marriage.
If you’re considering divorce and believe that a respectful, controlled, and confidential process could lead to the best outcomes for you and your family, consider divorce mediation. At SBK Law Group, we understand the challenges that come with deciding to end a marriage. We are here to support you through mediation to make the process as smooth and constructive as possible. Don’t hesitate to contact our DuPage County divorce mediators by calling 630-427-4407 to schedule a consultation and explore how mediation can work for you.
