An Illinois resident who wishes to end his or her marriage must file a lawsuit to do so. However, it may be possible to negotiate the terms of a divorce settlement through mediation. Mediation may make it possible to avoid hard feelings after a divorce. It may also make it possible to come to an agreement faster and without a lot of trauma for either side.
Mediation can be beneficial for both the courts and for the couples who are seeking a divorce. As the number of divorce cases increase, the courts are looking for ways to avoid a backlog. Couples may wish to seek mediation because it can be much less expensive than the cost of going to court. In addition, divorcing parents may be required to seek mediation to resolve child custody matters. If a court sends a case to mediation, an individual may object if there is a reason to do so such as past or present domestic violence.
For mediation to be effective, the parties need to be open and honest with each other. Additionally, each party must be able to negotiate in good faith and without fear of reprisal. In complex divorce cases, this form of alternative dispute resolution may not be effective as a mediator may not be equipped to handle the various issues that may arise.
Those who are going through a divorce have several options available to them. If both parties are agreeable, mediation can be a quick and relatively painless way to resolve such a matter. However, couples may have the option of going to court to settle their divorce. In either case, a family law attorney may be able to provide assistance to a client facing this type of situation.
Source: FindLaw, "Divorce Mediation - Overview", accessed on Jan. 26, 2015