Traditionally, couples who wished to divorce were compelled to make their cases to a judge who would then decide the terms of the couple’s divorce settlement. This is still the model that some American couples must embrace when they have truly fundamental differences regarding the terms of their property division and/or child custody settlements. However, most American divorces are now collaborative in nature. Practically speaking, this means that (with the assistance of an experienced Lake Forest, Illinois mediation attorney) spouses work together through mediation and/or attorney-led negotiation in order to come to agreed-upon terms for their divorce settlements. The collaborative process tends to be less expensive, less time-intensive and less stressful for all involved, so there is little wonder that this approach is so popular in modern times.
How Does Divorce Mediation Work? Is it Right for Me?
Along with attorney-led negotiation, mediation is often an excellent option for couples who would like to avoid repeated trips to court. Each spouse retains the services of a Lake Forest, IL mediation attorney that meets his or her needs. Then, both spouses and their attorneys meet in a neutral location. Their meetings are presided over by a third-party mediator. This individual will not “take sides” nor will he or she press for any specific outcome. The role of the mediator is primarily to ensure that discussions are productive and that no one behaves in a way that is inappropriate under the circumstances. In an ideal scenario, both spouses and their attorneys negotiate the terms of their divorce settlement until all terms are agreed upon. However, there are times when an impasse is reached and some terms must be evaluated by a judge.
Mediation is not the best option for everyone. For example, if you feel strongly that your child should reside primarily with you and your spouse also believes that your child should reside with him or her, mediation may not be the best option for you if neither of you is likely to budge from your position. However, unless there is a truly compelling reason to leave your case in the hands of a judge, mediation may certainly be worth the effort it requires. If you are unsure of whether mediation is a good option for you, the legal team at Hurst, Robin & Kay, LLC would be happy to advise you after learning about your unique needs.
Divorce Guidance Is Available
If you have questions about the divorce process generally and/or collaborative divorce through mediation specifically, please do not hesitate to connect with an experienced Lake Forest, IL mediation attorney today. There are numerous ways that couples can obtain a fair, successful divorce settlement. Mediation and/or attorney-led negotiation may be excellent collaborative paths for you and your spouse to explore. Then again, if it turns out that you need to take a more traditional route in order to achieve your goals, that is certainly just as valid a choice. Either way, please know that our firm has extensive experience helping clients navigate divorce processes that range from completely collaborative to completely contentious, so we can help you to explore your options regardless of your particular circumstances. The sooner you schedule a consultation with a Lake Forest, IL mediation attorney, the sooner we can begin providing you with experienced guidance and support. We look forward to working with you.