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St. Charles divorce attorney mediation

Before you and your spouse are granted a divorce you will need to try and reach an agreement about the division of marital assets, allocation of parenting time, spousal maintenance, and other divorce matters. Resolving these issues can be a very difficult process – especially if you and your spouse do not see eye to eye. If you cannot reach an agreement about these issues on your own, one option that may help is family law mediation. The mediation process has helped countless divorcing spouses settle divorce issues so they can avoid courtroom litigation.  

What Does Divorce Mediation Entail?

Understandably, many spouses struggle to discuss divorce issues without letting emotions get in the way. Having a neutral third party who is trained in conflict resolution present throughout the process can be a huge benefit. During divorce mediation, a divorcing couple meets with a specially trained mediator to discuss and negotiate unresolved divorce issues. The mediator’s job is to facilitate productive conversations so spouses can find solutions that work for both of them.

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Kane County divorce mediation lawyersDivorce can be very challenging, both emotionally and legally. Most divorcing spouses disagree about at least one divorce issue and may need professional help to reach a resolution. If you and your spouse are planning to divorce and you are struggling to reach an agreement about spousal support, parental responsibilities, parenting time, property division, or any other divorce-related concern, divorce mediation may be right for you. The mediation process offers an opportunity for spouses to negotiate divorce issues without the stress and animosity associated with litigation and offers a host of other benefits.

What Does a Mediator Do?

Divorcing spouses may agree to go to mediation voluntarily or the court may require them to participate in mediation. A divorce mediator is a neutral third party who has been specially trained on how to help resolve conflict. The mediator will not side with either spouse or make decisions of behalf of the spouses. Instead, the mediator helps identify the divorce issues which remain unresolved and facilitate productive negotiation and conversation about those issues. Ending a marriage can cause spouses to experience intense feelings of disappointment or resentment. These emotions can sometimes get in the way of productive conversation and cause divorce-related discussions to turn into arguments. The mediator helps the spouses stay focused on finding solutions rather than giving into negative emotions.

Benefits of Mediation

If you and your spouse can resolve issues during mediation and avoid litigation, you could save considerable expense. Furthermore, the litigation process can make spouses feel like they must “win” the divorce. Mediation is a much more collaborative process. Spouses are much more likely to comply with the final divorce decree when the terms are a result of mediation instead of a judge’s decision. Parents often find mediation especially helpful because it can help reduce the chances of there being major disagreements about child-related issues in the future.

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Kane County divorce mediation lawyersUnderstandably, divorcing couples rarely see eye-to-eye on every subject. They may agree about who should have the majority of parental responsibility but disagree about whether or not to sell the house. Alternatively, they may agree on issues of property division and spousal support but disagree on how they will share custody of their children. Some couples disagree about nearly every aspect of their divorce. When divorcing spouses need help coming to an agreement about divorce issues, mediation can be a valuable tool. Through family mediation, divorcing spouses have a chance to make their thoughts and concerns heard while working toward a solution on divorce issues. Read on to learn about the mediation process in Illinois and how you may benefit from mediation.

Identifying Divorce Issues and Deciding on Mediation Objectives

While every mediator is different, the mediation process generally begins with the mediator organizing a joint meeting with both spouses and explains his or her role in the mediation process, goes over the general procedures for mediation, and reminds the parties that what is said during mediation is confidential. The spouses will then have an opportunity to voice their concerns related to the divorce and discuss their goals for mediation. The mediator will help facilitate a productive discussion between the spouses in order to identify potential solutions.

Working to Find Solutions Both Spouses Agree To

A mediator may meet with the spouses separately after the initial joint meeting. During this individual meeting, the mediator can clarify each spouse’s concerns and hear their proposed solutions to these issues. After this, a series of cooperative joint discussions and individual meetings will take place during which the spouses will work to find resolutions to their divorce issues which both parties can agree to. These meetings will continue until the issues are adequately resolved or until the mediator and spouses decide that mediation is not producing the desired results. If the spouses are able to reach an agreement on divorce issues, the mediator will provide a Memorandum of Understanding describing the agreements the spouses have come to and identifying any issues which remain unresolved. The mediator will file a report with the court and the spouses’ attorneys will then prepare a final settlement agreement based on the information included in the mediator’s Memorandum of Understanding.

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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree