Although litigated divorces may be necessary for some situations, those that are mediated tend to cost divorcing parties less time and money. Mediation can also reduce contention, which is often beneficial for children. What about an attorney, though? Is one still necessary when going through the mediation process, and if so, why? The following sections explain further.

Why Hire a Mediation Lawyer?

Mediations are typically guided by an experienced professional who is at least knowledgeable of the divorce laws in their state. However, this individual must remain unbiased and impartial throughout the entire mediation process, so they cannot give advice. They cannot tell you if your parenting plan is realistic or fair. They cannot tell you if you may be getting shortchanged in your divorce settlement. Quite simply, they can only guide the conversation and encourage compromise that fits within the framework of the law.

Divorce can be a chaotic, emotional, and complex process – but it does not have to be. In fact, many couples walk away from their divorce, satisfied with the outcome. How can you join their ranks? Mediation may be your best bet, especially since litigated divorce practically encourages arguments and contention, but success in mediation does not come easily. It is done with intention. Learn more about how to improve your chances of a successful mediation with help from the following information.

What is Mediation?

Unlike litigated divorce, mediation encourages couples to negotiate the terms of their divorce. It does not require the use of a judge, and it may not even take place inside of a courtroom. Instead, you work with a mediator who acts as an unbiased third-party. It is also advised that you have an attorney present to ensure you fully understand the terms and implications of the decisions you are being asked to make (i.e. alimony may result in tax consequences for the receiving spouse). However, that is ultimately your decision; just be aware of the potential consequences of not having an attorney present during the mediation process.

There are many issues that must be figured out during a divorce, including property division, parenting time, and parental decision making responsibility. Courts prefer situations in which couples are able to work out these issues themselves instead of going through the lengthy and labor intensive litigation process.

In Illinois, if a divorcing couple does not already have an agreement about issues related to parenting when they come to court, in many cases the court will order the couple to attempt to engage in mediation.

To save yourself from the headaches (and costs) of going to court in order to be sent to mediation, you may want to start by talking to a knowledgeable mediation attorney before the court gets involved.

When people think about divorce they usually think about long and stressful hours fighting over property and parenting responsibilities with their spouse. They also tend to think about the high attorney fees that go with it. However, that does not have to be the case. Some couples are choosing mediation as a way to make decisions about their divorce.

What Can Mediation Offer?

Mediation involves a trained mediator, who is not the attorney for either side, to help couples come to decisions about how to divide assets, handle parental responsibilities, and manage other issues that need to be figured out before a divorce can be finalized. Mediation can be flexible and involve other practitioners if need be as well. For example, some mediators will call in a counselor or social worker to help with the mediation process if there are emotional issues that keep coming up that are interfering with the mediation process. However, mediation is not counseling and should not be used as a substitute for seeing a marriage counselor if you think your relationship can be salvaged.

If you are considering divorce, changing custody agreements, negotiating a prenuptial agreement, or any other family law conflict, you may want to consider mediation. However, it is important to understand the process and whether it may work for you.

What is the Mediation Process Like?

Mediation is a process where the two parties who are looking to make an agreement try to come to a consensus about all the aspects of the agreement. This keeps all outcomes in the hands of the parties. With traditional litigation the judge ultimately gets to decide the parameters of the agreement.