When Is Divorce Mediation Useful During a Difficult Divorce?

 Posted on July 14, 2022 in Illinois Divorce

Breakups, separations, and divorces can be difficult. Tensions run high, and many couples cannot communicate with their spouse about how to move forward after a marriage is dissolved. When spouses cannot communicate effectively, many people believe that the only solution is to resolve a divorce in court. However, other more cost-effective and productive forms of alternative dispute resolution can help couples get through a difficult divorce. One of the most beneficial alternative dispute resolutions for divorce cases is third-party mediation.

Understanding Divorce Mediation

Alternative dispute resolutions are different techniques that couples can use to communicate with their partner and dissolve a tense marriage without defaulting to court litigation. A few different types of dispute resolutions are used for divorce, including mediation, settlement conferences, and arbitration.

The mediation technique for divorce resolution is one of the most common ways to solve contentious cases without moving to litigation. Divorcing spouses can understand the process of divorce mediation by breaking the process down into three key steps:

• Neutral Third-Party — The first step is to locate a mediator that can be neutral to the interests of both parties in a divorce. Typically, a mediator is appointed by one of the spouse's attorneys, or a mediator can be court appointed. Mediators for legal dispute resolutions are trained in mediation and de-escalation techniques.

• Attorney Meeting — Once a third-party mediator is introduced, the next step will be a meeting between a mediator, both spouses, and each spouse's attorney. During the meeting, the mediator will enforce effective communication and remain neutral as both spouses express their interests in the divorce. Attorneys, mediators, and spouses can hold as many meetings as necessary.

• Negotiation — The final step is negotiating the desires of each spouse during the attorney, mediator, and spouse meetings. The actual need for a mediator is due to an inability to compromise on specific aspects of a divorce agreement. A mediator needs to help facilitate negotiation between spouses.

Should I Use Divorce Mediation?

Divorce mediation is only helpful in some situations, which depends on a few factors. Typically, mediation is needed when two partners cannot communicate and reach a mutual agreement on elements of their divorce decree. Usually, this means that there are no prenuptial or postnuptial agreements that dictate what may happen in the case of a divorce. Also, mediation is only helpful if both parties are willing to negotiate alongside a mediator. If either spouse is uncooperative during mediation, alternative dispute resolution may not be suitable.

Ask a St. Charles Divorce Lawyer Today

At Weiler & Associates, Inc., our Kane County family law attorneys are here to answer any questions about divorce. We are experienced in working with alternative dispute resolutions, including mediation, in divorce cases. For more information or to schedule an initial consultation with us, please call us at 630-331-9110.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000