Mediation Option in Illinois Divorce

 Posted on April 03, 2015 in Alternative Dispute Resolution

If you are considering filling for divorce in Illinois, did you know you do not have to go through, or can limit your court hearings for your divorce proceedings? Mediation is an alternative to divorce proceedings in front of a judge. Speaking with an experienced mediation attorney can help you understand the process of divorce mediation and how you and your spouse can avoid a lengthy divorce process.

Choosing Mediation

Whether you have children or not, a mediated divorce can be beneficial to couples who are divorcing. You will have more say in how assets, property, and debt are divided and if there will be spousal maintenance payments. If you have children, there will still be some court proceedings in front of a judge because the best interest of the children will be taken into account. In mediation, you can outline terms for child custody and visitation, but they have to be approved by a judge to ensure the children will be taken care of and it is the best situation for them.

Mediation is done with a neutral, third party mediator, who will discuss the divorce, child custody and visitation, and division of assets, property, and debt with both sides so you are able to come to an agreement.

According to the Uniform Mediation Act, all meetings with the mediator are required to be kept confidential and all parties must sign an agreement stating they understand this. You will have the comfort knowing your mediated divorce proceedings will not be made public record.

One of the key elements for mediating a divorce is being able to speak with your soon-to-be ex-spouse. Going through mediation, you will have to work with them to agree on asset and debt division, spousal maintenance, and custody and visitation rights for the children. The mediator will write down the agreements and help guide you to a decision, but you will still need to speak with your soon-to-be ex-spouse to come to agreements.

Mediating a Divorce

Throughout the mediation process, you will have the ability to set your own pace and dates for the proceedings. You are not bound to court dates set by someone else. You, your spouse, and the mediator can work out a time that is convenient for everyone involved. Mediating a divorce can be a way to keep a healthy, amicable relationship between you and your soon-to-be ex-spouse, which is important if children are involved, and can be more mutually favorable for each party. An experiencedmediation attorney can help you through mediating your divorce and finding mutually beneficial agreements for each party.