3 Myths About Divorce Mediation You Should Not Believe

 Posted on October 20,2021 in Divorce

Recognizing the harmful effects of hostile divorce litigation on families and children, Illinois courts and judges now encourage divorcing couples to use alternative dispute resolution techniques whenever possible. Mediation is one such technique, and thousands of couples all over the state have used it to help them reach important compromises during divorce negotiations. 

There are many common myths and misunderstandings about mediation, and in this blog post we will explore a few of these so Illinois residents can make educated decisions about their divorce. Keep in mind that mediation is not right for everyone and a qualified divorce attorney is the best person to answer your questions. 

Mediation is Only For “Easy” Divorces

Although simple divorces may be easier to resolve, mediation is perhaps even more helpful to couples whose relationships are complex. Complex asset and debt division, spousal support, and child-related issues can all be addressed during mediation, helping couples navigate these difficult scenarios while reducing conflict and encouraging compromise. 

Mediators are trained professionals who specialize in helping keep couples on task and focused on the issues that really matter. Although every divorce has complex emotions, mediators can help spouses work through these to reach a mutually acceptable divorce decree. Couples with complex property or child-related concerns are encouraged to work with an experienced divorce attorney in addition to a mediator. The attorney will help the couple avoid legal mistakes and resolve any legal challenges that arise. 

Mediation Will Not Help Me Get What I Need

Although some people fear that mediation means giving up on all of their priorities, this could not be farther from the truth. In fact, couples who pursue mediation generally say they are happier with the resulting compromises than couples who cannot negotiate together and who instead must rely on a divorce court to make their arrangements for them. Mediation offers couples more freedom to express their preferences on certain issues and can help spouses recognize when to be flexible about others.

I Do Not Need an Attorney if I Have a Mediator

Although mediators help couples negotiate complex topics, each partner is encouraged to retain their own attorney. Spouses can attend mediation meetings with or without their attorneys, but only attorneys can give legal advice. Mediators are unbiased and do not advocate for one spouse or another, but merely give spouses the tools they need to reach a successful compromise. 

Speak with a Batavia, IL Divorce Lawyer

If you are considering divorce and wondering whether mediation is the right strategy for you, meet with an experienced Kane County divorce mediation attorney with The Law Office of Matthew M. Williams, P.C.. Mr. Williams will help you explore your options so you can feel confident in making informed decisions. Call our offices today to schedule a confidential consultation at 630-409-8184. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51