How Does Mediation Work in Illinois?

 Posted on August 02, 2023 in Mediation

No two divorces are the same. Each spouse and marriage are unique, with different issues to resolve. Some divorcing couples can work out agreements amicably, while many others are not able to speak to each other and rely on an experienced St. Charles mediation attorney to assist them in reaching their goals for their divorce and their future. At Shaw Sanders, P.C., we can help you no matter what type of divorce you are seeking and even if you choose to utilize mediation. 

Contested vs. Uncontested Divorces

In an uncontested divorce, the couple agrees on the terms of their parting, their children, their debts and assets, as well as alimony and child support. Because of their agreement, there is no need to have hearings, negotiations, or court procedures. Even though this type of divorce is usually straightforward, it’s still essential that you hire a St. Charles mediation attorney to represent your interests.

In a contested divorce, the couple can’t agree on the essential issues, so they retain separate attorneys and head to court to let the judge decide. The couple will be required to attend hearings, settlement negotiations, and sometimes even a trial. Divorces that involve a high net worth, many assets and liabilities, or other complex issues may need to use this process over others. 

Divorce Mediation in Illinois

Couples who can’t agree on the issues in their divorce but want to stay out of court can also opt to have mediation. Mediation is a type of alternative dispute resolution (ADR) used in many legal cases. A mediator assists the couple in identifying and talking through the problems but does not make decisions as an arbitrator does. 

During this process, a neutral third-party mediator helps divorcing couples work through the issues and conflicts that arise during the divorce. The mediator acts as a facilitator, not as a judge or decision-maker. They help the couple identify and discuss their concerns, interests, and divorce-related needs. 

Divorce mediation aims to facilitate communication and cooperation between spouses, enabling them to reach mutually acceptable agreements on various aspects of their divorce without going to court. Through mediation, a contested divorce can turn into an uncontested divorce. 

Divorce mediation offers several advantages, including:

• Cost-effectiveness compared to a lengthy and emotional court battle
• Confidentiality, as mediation discussions are private and not part of the public record
• Greater control and autonomy for the couple in making decisions that affect their lives
• The potential for reduced conflict and improved post-divorce communication, which can be particularly beneficial for co-parenting relationships

Is Divorce Mediation Right for You?

Divorce mediation is an extremely useful tool for some couples. To determine if it’s right for your divorce, you will want to consider your children, assets, whether you and your spouse can agree on the significant issues, and how quickly you want your divorce to be over with. You should also consider what your budget is for your divorce.  

Contact a St. Charles Mediation Attorney Today

At Shaw Sanders, P.C., our St. Charles mediation attorneys can help you through your divorce every step of the way. If you decide to use mediation, we can help you through this process, ensuring your rights are protected. Contact us today at 630-584-5550 or reach out online to schedule a no-obligation divorce mediation consultation.