For many divorcing couples in Illinois, court is an inevitability. They cannot cooperate with one another, so they need a judge to serve as an intercessor. More couples in recent years have begun to turn to mediators to help them resolve some of their disagreements outside of the courtroom.
Some couples will likely benefit from mediation rather than litigation, but many people are nervous to try because they worry about what they might lose. What are some of the signs of that working with a mediator before you go to court could benefit your family?
You don’t want to stress the children
For many people, it is concern for their shared children that pushes them to minimize the conflict around their divorce. If you settle your parenting plan and divide your parenting time with one another in mediation, your children won’t have to attend court or make a statement to a judge about what custody arrangements they would prefer.
Equally important will be how negotiating those arrangements with one another can help you and your ex set aside your differences and start working together as co-parents.
You have experienced significant issues in your marriage
Did your spouse go on a bender after losing their job and lost thousands of dollars on alcohol and gambling and just a few days? Was it an extramarital affair that pushed one of the two of you into ending the marriage?
When there has been serious misconduct, you may want to address those issues when settling matters for your divorce, but you may not want to talk about them in court where they become part of the public record. Mediation sessions are typically confidential in Illinois, which means you have the opportunity to explore major issues without humiliating one another in open court.
There is an issue on which you cannot compromise
Whether you insist on keeping the marital home or have a business to divide, there may be certain terms that you view as non-negotiable in your divorce. In litigated family law matters, a judge makes the big decisions, leaving little under the control of the spouses. In mediation, so long as you reach an agreement and sign the necessary documents, you and your ex get to make the final decisions about what happens with your children and your shared property.
Seeing the benefits that people derive from divorce mediation can help you determine if this tool is the right choice for your divorce.
