Advantages of a Mediated Divorce Vs. Divorce in Court

Posted on in Divorce

One alternative to the litigated divorce is the mediated divorce. Mediation offers a neutral approach to handling your divorce and offers a more private, self-controlled, and usually more affordable means by which to handle your case.

In a mediated divorce, both parties usually work with a single, neutral, mediator. The mediator helps the parties reach an agreement. Mediated settlements are not imposed on parties by attorneys or judges, but rather are drafted by the parties themselves (the mediator does the typing, the parties dictate the language). In sum, you will not be handed a preformed, boilerplate, settlement that may be unacceptable – you will craft your own agreement in your own words. More important, because of the slower, more personable, more focused approach afforded by mediation, you will be able to address emotional and psychological issues that the court system simply cannot even begin to approach.

For example, Illinois law prohibits judges from considering "marital misconduct" in divorce cases. A mediated settlement, however, can accommodate apologies and amends and lay the groundwork for a stable, healthy, separated future. Studies show that settlement agreements reached through mediation are much more likely to be honored by both parties, to be modified when necessary without conflict, and to reduce future conflict than orders imposed by a judge.

Mediation offers a way for you and your spouse to control the divorce proceedings on your own terms and at your own pace. You are not bound by court dates or court orders. This can save a lot of time, money, and reduce the stress of either not being ready to go to court – or the opposite, wanting to proceed at a much quicker pace, but unable to because the court system is too busy and too slow.

The court process for any family law matter can often be very confusing, so it is wise to consult with a family attorney to help explain your rights and to protect your interests. A lawyer experienced in family law will know how to navigate through the complicated legal process in an efficient manner, and be there when you have questions.

In the Kane and DuPage County areas contact The Law Offices of Douglas B. Warlick & Assoc., a professional and experienced firm that can make all the difference in your family law matters.

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