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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers

Should I Use Mediation or Collaborative Law to Resolve Divorce Issues?

Posted on in Divorce

Cook County divorce attorney

Reaching an agreement on divorce issues like property division, child custody, and spousal maintenance is often difficult to do without help. If you are considering divorce, you may be looking for alternative dispute resolution methods including collaborative law and mediation. These methods may allow you to reach an agreement about the terms of your divorce without going through a stressful and expensive litigation process. Reaching an agreement without court intervention may also allow you to keep the divorce as amicable as possible. However, these dispute resolution methods may not be for everyone. A skilled divorce attorney can provide personalized guidance about how best to resolve disputes during divorce.

Working With a Mediator to Negotiate Divorce Issues

During divorce mediation, divorcing spouses work with a mediator to discuss the unresolved divorce issues and, ideally, reach a mutually agreeable solution to those issues. The mediator helps the couple find common ground, explore possibilities, and negotiate the issues constructively. Mediation has worked for countless couples, however, there are limits to mediation. A mediator cannot give you legal advice and cannot represent you in court should your case end up going to litigation. Mediation may not be appropriate if a spouse has a history of abuse or if there is a major power imbalance between the spouses.

Using Collaborative Law to Resolve Your Divorce

During a collaborative divorce, the spouses each hire their own attorney. The spouses and their respective attorneys meet together during a series of collaborative meetings to negotiate the issues and work toward a settlement. Other professionals like accountants or appraisers may also participate in the meetings. Every individual involved in the collaborative process, including the spouses, signs an agreement pledging to:

  • Keep the case out of court.

  • Negotiate in good faith.

  • Provide any documents or information needed to evaluate the issues.

The attorneys also agree that if the case cannot be resolved in court, they will be disqualified from representing the spouses during a trial. This ensures that everyone is highly motivated to reach a settlement during the collaborative process.

Contact a DuPage County Divorce Lawyer

Divorcing couples must decide how to handle the division of their assets and debts, parental responsibilities and parenting time, alimony, and other divorce issues. Mediation and collaborative divorce are two ways that may help you and your spouse reach a decision about these issues outside of court. To learn more about alternative dispute resolution methods and discuss what legal avenue may be right for you, contact Botti Marinaccio, LTD. Call our office today at 630-575-8585 to schedule a personalized consultation with our skilled Hinsdale divorce attorneys.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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