Most people want to make it through divorce or other court case as painlessly as possible, solving their own disputes and staying out of the courtroom – but in many cases, it’s incredibly difficult for people to see eye-to-eye on issues like child custody, property division and spousal maintenance.
Couples in this situation have a few options: they can keep trying to reach agreements on their own, they can drag the case to court for a judge to decide, or they can work with a mediator who will help them find common ground.
Mediation and Alternative Dispute Resolution
Mediation is a method of alternative dispute resolution that lets both parties walk away feeling reasonably satisfied with the outcome. It also helps couples keep conflict to a minimum during your case, and it allows each party to maintain control over the outcome – unlike going to court and asking a judge to decide. It’s also more cost-effective than litigation, which requires each of you to pay your attorneys for court appearances, research and other divorce-related tasks. Ask yourself: do you prefer self-determination or do you want a judge to determine your fate?
“I want the judge to know!!!” is a very common sentiment. The truth is, if you go to court, the judge will never truly “hear your story.” You will never feel vindicated. Mediation provides you with a unique opportunity to be heard while simultaneously working on a solution.
A mediator isn’t a judge, and he or she doesn’t make any decisions. Instead, the mediator facilitates communication between the two parties so they can reach agreements on their own. He or she will
Litigating Instead of Mediating
Many couples are closer than they realize to reaching fair, equitable agreements. Emotions cloud their judgment and make small obstacles seem big. Unfortunately, without outside help, these couples end up in court, spending time and money that they could’ve saved. Often, the judge’s final ruling is very close to what each of them wanted in the first place – but because neither party had a hand in deciding the outcome, neither walks away feeling as if they “won.”
However, there are cases in which it’s impossible for spouses to agree on important issues. These cases need to go to court, such as when one party is completely unwilling to compromise or attempts to use the legal system as a means of revenge against the other.
If that happens in your case, you need a tough attorney who’s willing to fight hard for your rights and get you the best possible outcome.
Do You Need to Talk to a Chicago Divorce Lawyer About Mediation and Negotiation?
I can help you use mediation to solve the important issues that arise during divorce. Call me at 312-818-5279 to discuss your situation and get answers to your most pressing questions during your divorce consultation today.