Five Common Questions About Divorce Mediation

 Posted on April 12, 2019 in Divorce

Many spouses are turning to divorce mediation as an alternative to the lengthy and costly process of divorce litigation. Mediation involves the two spouses directly negotiating the terms of their divorce, with an impartial mediator guiding them through the process. By working together, the spouses can reach a mutually beneficial agreement without the vitriol that can come with litigation. You may be considering mediation for your divorce but are unsure whether the process is right for you. Here are the answers to common questions about divorce mediation:

1. Is Mediation Only for Amicable Divorces?: Mediation works best when both spouses can cooperate with each other, but it can still work even if you and your spouse have a contentious relationship. Part of the mediation process is teaching you how to reach an agreement in spite of your differences. The mediator is there to help defuse unproductive arguments. The most important requirement for mediation is your willingness to communicate and behave reasonably.
2. Is a Mediator the Same Thing as a Divorce Lawyer?: Many mediators are practicing family law attorneys, but their role as a mediator is different than that of an attorney. An attorney represents one side in a case, while a mediator is a third-party observer and advisor to the mediation process. Many spouses share the cost of hiring a mediator, while individually hiring their own attorneys who they can consult with outside of the mediation.
3. Do I Still Need to Appear in Court?: If your mediation goes well, you will have two court appearances: filing for a dissolution of marriage at the start of the process and submitting your divorce agreement for approval at the end of the process. The court must review your agreement to confirm that it adheres to the state’s divorce laws and is not blatantly unfair to one party.
4. What Happens If Mediation Fails?: The mediation process will end if you cannot reach an agreement with your spouse on part of your divorce settlement. Your case will likely move directly to litigation afterward. However, the mediation process may not have been a waste if you were able to agree on some parts of your divorce settlement.
5. Is Mediation Faster and Cheaper than Litigation?: If successful, mediation could be a faster and less expensive process for you. You are saving time by having more-efficient negotiations and avoiding numerous court appearances. Saving time will also save you money on court fees and legal expenses. However, failed mediation could be slower and more costly because you will have used both mediation and litigation.

Contact a DuPage County Divorce Mediator

When hiring a divorce mediator, you need to find someone with knowledge of divorce law and training in the mediation process. A Naperville, Illinois, divorce mediator at Calabrese Associates, P.C., can explain the mediation process to you. Schedule a consultation by calling 630-393-3111.

Source:

https://www.afccnet.org/Portals/0/PublicDocuments/CEFCP/ModelStandardsOfPracticeForFamilyAndDivorceMediation.pdf?ver=2013-08-21-072320-000