Dos and Don’ts of Mediation in Illinois

 Posted on January 16, 2025 in Divorce

In Illinois, many judges will advise or even order a divorcing couple to go through mediation instead of court. Mediation provides couples with a private space to discuss their issues in a session overseen by an unbiased third party. Compared to litigation, mediation can be a less time-consuming, costly process, provided that both parties go in with good faith.

Whether you have been ordered to attend mediation or you and your spouse attend a session of your own volition, you should know what to expect beforehand. A Naperville, IL family law attorney at Calabrese Associates, P.C. can help you prepare for mediation and how to effectively speak up for yourself.

DO: Choose a Comfortable Space

Mediation is best conducted in a place where you feel comfortable speaking your mind. If the marital home feels too tense, you can always request a neutral space like a cafe to conduct the negotiations. A courthouse or office space can also serve as a professional environment away from distracting elements or prying eyes. 

DO NOT: Antagonize Your Spouse

For mediation to work, both you and your spouse have to be willing to set aside your hostilities, at least temporarily. This is doubly true if there are children involved in the divorce, as your ability to cooperate during mediation will set a precedent for how you work together as co-parents. 

Furthermore, you should keep in mind that mediation comes out of your own time and budget. Every wasted minute in mediation will cost you down the line, so being able to stay civil will serve you well during a session with a mediator.

DO: Be Willing to Compromise

One of the biggest differences between mediation and litigation is that the former focuses on collaboration. Rather than surrender control to a judge and leave everything to a verdict, you and your spouse can exercise more control over a divorce settlement reached in mediation. 

As such, you may have to cede some ground to get what you want out of a divorce. A mediator can help facilitate this process, coming up with creative solutions that satisfy both you and your spouse.

DO NOT: Neglect Your Rights

Though it is a much more informal process than going to court, mediation can still have high stakes for your divorce. With this in mind, you should seize the opportunity to speak with a family law attorney prior to mediation, ensuring that you walk into a session with a full knowledge of your rights and how to advocate for yourself. This may include coaching on key issues related to spousal support, property division, and more.

Meet With a DuPage County, IL Divorce Lawyer

Mediation can be greatly productive if both spouses agree to cooperate. If you are going through a divorce, a Naperville, IL family law attorney can provide you with practical legal advice. Attorney Michael J. Calabrese of Calabrese Associates, P.C. is qualified to act as a mediator, offering creative solutions based on real experience. To start discussing your options, call our offices at 630-393-3111 to schedule a consultation.