Should I Pursue Mediation or Divorce Litigation in Illinois? 

 Posted on September 16, 2021 in Divorce

Before divorce proceedings begin and a couple starts negotiating their differences, it can be difficult to tell whether a marriage is likely to end with hostility or respect. Spouses frequently surprise each other by the extent to which they are willing to fight over seemingly small issues. Likewise, a couple may also be surprised by how smoothly they can negotiate.

Although divorce is rarely predictable, certain things can let spouses know whether attempting mediation rather than divorce court is likely an effective strategy. Both mediation and divorce trials have pros and cons, and spouses getting divorced would be wise to weigh their options before making any decisions.

What are the Benefits of Mediation? 

Mediation can be a great strategy for couples who can communicate well and are willing to work hard to minimize hostility and resentment. Openness, honesty, and a willingness to put certain personal differences aside will help divorcing parents focus on more important things like asset division, child support, and allocation of parental responsibilities. 

Mediation is often less expensive than divorce litigation. It offers an opportunity for both parties to achieve their priorities instead of relying on a judge to make decisions neither spouse is likely to find satisfactory. Compared to divorce litigiation, spouses may also be able to work more respectfully together regarding the children following a divorce mediation.

What are the Benefits of Divorce Litigation? 

Spouses who already know that their partner is unwilling to negotiate in good faith, are hiding money or other assets, has been abusive, or refuses to cooperate, may be unable to reach a resolution with mediation alone. If there is a sincere question as to whether one parent is not fit to receive parental responsibilities or parenting time, this should be discovered during divorce litigation and affirmed in a divorce decree. 

Divorce litigation offers divorcing spouses the help of testimony from additional experts, including forensic accountants, guardians ad litem, custody evaluators, and more. Although meditation also allows parents to use outside experts, such as divorce coaches and child psychologists, experts in divorce trials are providing evidence in an adversarial, rather than a cooperative, context. 

Speak with a Rolling Meadows Family Law Attorney

If you are considering divorce, an experienced Cook County divorce attorney with The Law Offices of Curtis Bennett Ross, L.L.C. may be able to help you. Mr. Ross has over 40 years of experience working in Illinois family law and will work with you to create a divorce strategy that is respectful to all parties involved. Mr. Ross is a trained mediator and can help you decide whether a mediative approach is right for you. For free limited consultation, call our office today at 312-984-1514. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000