A large percentage of divorces today are settled out of court, eliminating the need for an often-emotional battle in the courthouse. If you and your spouse are willing to try mediation, you may be able to save yourselves significant amounts of time and money by avoiding litigation. In many cases, the spouses are able to come to a mutually satisfactory agreement out of court, often with the help of a mediator.
Not all mediation styles are the same. You should know that you have options for how to approach the mediation process. Determining which type of mediation is right for you is an important part of the collaborative divorce process. Spouses who are more amicable may be more inclined to sit down together with their attorneys and a mediator in facilitative mediation. Spouses who are in a high level of conflict, such as those who have experienced infidelity, may struggle to have a productive mediation session if they are brought together. These spouses may opt for evaluative mediation, where the parties need not see each other. An attorney can help you decide which type of mediation may be the better option.
What is Facilitative Mediation?
In this style of mediation, the parties will be brought together and asked to collaborate with one another directly. You and your spouse will be joined in the mediation room by your respective attorneys and a neutral mediator. The role of the mediator is to facilitate a discussion between you and your spouse about the issues in your divorce case. The mediator does not tell you what arrangement is best, but simply guides the parties in talking about it.
This style of mediation often offers the benefit of expediency. The “middle man” is present with the parties, so there is little delay in conversation. If both parties participate in good faith, a divorce can often be resolved fairly quickly. This mediation type is often preferred by spouses who are if not amicable, civil.
What is Evaluative Mediation?
In evaluative mediation, the mediators often meet with each party individually and propose potential solutions to each issue. The mediator speaks with each party in turn rather than having them speak to one another directly, moving back and forth between the spouses in an effort to identify a resolution both will agree to.
This mediation style is often used by spouses who are not amicable and may have a hard time collaborating directly.
Contact a DuPage County Divorce Attorney
Law Office of Martoccio & Martoccio is skilled in evaluating a divorce case and helping our clients determine which style of mediation is right for them. Our experienced Hinsdale divorce lawyers will guard your individual interests throughout the mediation process. Call 630-920-8855 for a complimentary consultation.