Determining If Mediation Is Right for Your Divorce

 Posted on August 10, 2017 in Mediation

If your marriage has reached the point where divorce is inevitable, do not assume that a lengthy court battle has to be part of your divorce. You and your spouse could be good candidates for mediation, which will make the divorce process less stressful, less expensive, and overall more empowering for you.

With mediation, a divorcing couple works with a mediator, a neutral third party, to reach agreements about their divorce settlement through a series of guided discussions. These discussions cover every aspect of the couple’s divorce settlement, such as the division of their property and how they will handle spousal maintenance. Often, couples who divorce through mediation report higher levels of satisfaction with their divorces than those who divorce through litigation. But mediation is not the ideal solution for all couples. When domestic violence is present in a marriage, mediation is rarely a viable option. Similarly, couples who cannot work together are generally not well suited for mediation. Ask yourself the following questions to determine if mediation is right for you.

Can You Work Amicably with Your Spouse?

If you cannot look at your spouse without wanting to punch him or her, mediation is not for you. Similarly, if you cannot discuss issues related to your marriage in a calm, rational way with him or her, you will not have a successful mediation. Mediation requires a couple to work as a team to determine a fair settlement, which involves putting their emotions aside to work toward the greater good.

Do You Trust Your Spouse?

If you suspect your spouse is hiding assets, has been secretly unfaithful, or otherwise is keeping information from you, mediation is probably not a good fit for you. Couples have to be open about everything in their marriage, especially their finances and other assets, in order to successfully complete the mediation process. If you suspect your spouse is hiding assets, you can work with your lawyer to uncover these assets, but this generally renders mediation impossible.

Are You Willing to Be Flexible and Cooperative?

You are not going to complete your divorce with a settlement that matches your goals 100 percent. Accept this before you begin your divorce. Through mediation, though, you will have greater control over your final settlement than you would have in a traditional divorce and if you are willing to be flexible about your goals and cooperate with your spouse to reach theirs as well, you will likely walk away with a satisfying settlement.

Work with an Experienced Kane County Mediation Lawyer

To learn more about ending your marriage through mediation, contact our team of experienced Kane County divorce lawyers at Shaw Sanders, P.C. Contact our office today at 630-584-5550 to schedule your free consultation with us, during which we can go over the issues discussed above to determine if mediation is a good fit for you. If so, we can move forward with a divorce through mediation and if not, we can determine the most effective way for you to legally end your marriage.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm