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Category Archives: Mediation

Illinois divorce lawyersHealing from the emotional turmoil of a divorce can be a long and grueling process - and not just because you must come to terms with the end of your marriage. Eventually, you must also deal with the person you were during the divorce

You see, people often become the worst versions of themselves when under high amounts of stress. Few events in life are quite as stressful as a divorce, yet it is important to keep your composure as best as humanly possible. That does not mean you have to be perfect; mistakes are just a part of life. However, you can greatly minimize your chances of unnecessary regret after your divorce by working hard to achieve a peaceful outcome. Learn more in the following sections, including how the assistance of a seasoned divorce attorney can help. 

1. Decide if Divorce Truly is Your Best Option

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Illinois divorce mediation lawyersDivorce mediation has quickly become a popular way for parties to divorce - and not just because it offers a more cost-effective way to dissolve a marriage. Mediation also encourages cooperation and compromise between the divorcing parties, which can help to improve the overall outcome for divorcing parents, older divorcing couples splitting a retirement, and couples with a high net worth marriage. Still, divorcing parties often feel more at ease when they know what to expect from the divorce mediation process. Learn more in the following sections, which address some of the most frequently asked questions about divorce mediation in Illinois. 

What is Divorce Mediation? 

Before mediation, divorcing parties were pitted against one another and placed on opposite sides in court litigation. Sadly, this led to many poor outcomes, especially for children. Mediation works differently. It encourages the parties to compromise and come to an agreement that works for all involved parties (parents, children, and even pets). Parties who successfully reach an agreement can avoid court proceedings altogether, but if an agreement cannot be made, the parties may still address their issues in court and allow a judge to decide on the matters that are pertinent or problematic in their divorce. 

Are There Any Benefits to Choosing Mediation Over Litigation?

Mediation is often chosen by divorcing couples because it offers them a way to end their marriage faster, and more amicably. As a result, they are better able to preserve their wealth. Children are also less likely to suffer maladjustment when their parents go through a divorce, especially when parents strive for amicable proceedings and an agreement that allows the child ample time and support from each of their parents. Agreements can also be more flexible for those that go through mediation. Parents, retiring divorcees, and even high net worth individuals often find this to be a benefit in their Illinois divorce cases. 

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DuPage County divorce mediation lawyersOnce the decision to end a marriage has been made, divorcing parties must determine which path may be most appropriate for their situation. Litigation tends to pit the divorcing parties against one another, which can make it an unfavorable option for those who want to end their marriage in an amicable manner (perhaps for the benefit of their children). Divorce mediation - a process in which the divorcing parties select an unbiased third-party to facilitate conversations that must take place during the divorce process (i.e. parenting time, asset division, etc.) - encourages compromise and a willingness to negotiate matters in good faith. 

In short, the two methods are almost complete opposites, each with their own set of pros and cons. Learn how to determine which option may be most appropriate for your situation, and discover how the assistance of a seasoned divorce lawyer can improve the outcome in your Illinois divorce case, irrespective of the divorce path you and your spouse choose. 

Examining the 5 Principles of Divorce Mediation 

To truly understand whether divorce mediation is appropriate for your case, one might first examine its principles. There are a total of five: 

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Illinois divorce attorneysAlthough 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.

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Illinois mediation lawyersDivorce 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.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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