Divorce Mediation in Illinois
We offer services as a neutral mediator whether you are representing yourself or have counsel. Mediation can be more cost effective than other dispute resolution models, but it may not be appropriate for every situation or all issues in a matter.
The Core Principles of Divorce Mediation:
As the neutral third-party mediator my role is to facilitate communication and guide discussions. In my role as mediator, I do not have decision-making power but rather help the couple explore options, navigate disagreements, and ultimately find common ground. In my role as mediator I cannot represent either party or provide legal advice.
The Divorce Mediation Process:
The divorce mediation process typically involves the following steps:
- Initial Meeting: I meet with both parties individually to outline individual goals for the divorce/process.
- Full Disclosure: Both parties openly disclose all financial information, assets, and debts, fostering transparency and trust.
- Joint Discussions and Negotiations: As the mediator I facilitate discussions and help explore options and reach mutually beneficial agreements on issues like property division, child custody, and spousal maintenance (alimony) if applicable. I reality test positions and help both sides understand the other’s needs and interests as they relate to the divorce.
- Reaching a Settlement: Once an agreement is reached on all aspects of the divorce, a comprehensive memorandum of understanding is drafted which can be provided to the parties’ attorney to prepare settlement documents.
Suitability for Divorce Mediation:
Divorce mediation is not suitable for all situations. Here are some key factors to consider:
- Willingness to Cooperate: Both spouses must be committed to working collaboratively and openly communicating to achieve a peaceful resolution.
- Financial Transparency: Full financial disclosure is essential; this might not be possible in situations with hidden assets or significant distrust.
- Power Imbalance: If one spouse has a significant advantage in terms of financial resources or emotional manipulation, mediation might not be fair. Legal representation can help ensure a balanced outcome in litigation.
- Domestic Abuse: If there is a history of domestic violence, abuse, or extreme hostility, the safety of one or both spouses may be at risk during mediation then mediation may not be appropriate.