Divorce mediation is a form of alternative dispute resolution that works for many couples seeking to end their marriage but wanting to skip the typical divorce proceedings. This type of alternative resolution becomes somewhat of a conversation between the spouses and a mediator. After the mediator explains the process, they will act as a neutral third-party. The session will typically last a few hours as a group, followed by the mediator meeting with each party individually to speak with them. This will allow the spouse to tell them anything they feel that they left out or any information that they felt uncomfortable sharing with their spouse in the room.
A second session will be scheduled to make final decisions. Issues discussed are uniform to that of a divorce; however, there are supposed to be little to no arguments done in the mediation process. The allocation of parental responsibilities, child support, division of assets, and spousal maintenance are the main topics that are deliberated. The mediator will then draw up the plans based on the conversation between the spouses that lays out their divorce in front of them.
Advantages of Mediation
Divorce mediation requires an amicable relationship between both spouses as the purpose of the alternative dispute resolution is to avoid conflict. While it does not work for all couples, many prefer mediation over typical divorce proceedings for a variety of reasons.
- A Time and Money Saver: Divorce litigation is extremely expensive since you pay for court time and separate attorneys. Mediation only requires one professional, allowing couples to split their legal costs. Typical divorce proceedings can also be a lengthy process due to the arguments and research conducted by attorneys. Mediation is meant to be relatively drama-free to cut down on time.
- Evening the Playing Field: Having a third-party as your legal “party” keeps everyone on the same page. In typical divorce proceedings, the two attorneys fight for their client by looking at the other spouse’s past and wrongdoings. Mediation avoids this process altogether. The mediator is meant to record the discussion and keep things civil if necessary, but both parties are on the same playing field at the end of the day.
- Taking Control: Divorce ultimately takes control out of the hands of the divorcees and places it into the hands of the attorneys and the judge. The spouses lose their power with decision-making as soon as the court gets involved. With alternative dispute resolution, the power remains in the hands of the spouses as they are the ones doing the real negotiations.
Our DuPage County Mediation Attorneys Can Help
Divorce mediation is preferred by many couples and recommended by those who have successfully gone through the mediation process. For some, filing for divorce is the final thing that they can agree on and they use mediation as a means to complete the process as quickly as possible. At A. Traub & Associates, our mediators work with all situations to help guide you and your family through complicated legal negotiations. If you think mediation may be the best choice for you and your family, contact our Arlington Heights mediation attorneys at 630-426-0196 for help.
Sources:
https://www.mydomaine.com/what-is-divorce-mediation-and-how-does-it-work-1103259
https://www.divorcestatistics.info/everything-about-divorce-mediation-process.html