Helping Spouses Resolve Divorce Disputes Through Mediation and Collaborative Law
During divorce, spouses must resolve a number of legal issues, including the allocation of parental responsibility and parenting time, the identification, valuation, and division of marital property, and whether either spouse will pay child support or spousal maintenance to the other. While the intense emotions that come with the breakup of a relationship can make it difficult for spouses to work together to reach an amicable resolution to these issues, the attorneys at Botti Marinaccio, LTD. can help to avoid the expensive process of fighting their battles in court through competent and successful mediation and negotiations.
At Botti Marinaccio, LTD., our family law attorneys have over 100 years of combined experience, and we have helped many clients reach successful compromises in their divorce cases through methods of alternative dispute resolution. We take a personal, family-oriented approach to every case, and with our help, you will be able to work together with your ex-spouse to reach a favorable outcome.
During mediation, spouses, often times with their respective attorneys, will meet together with a neutral third party who will help them understand the legal obligations that must be addressed before their divorce can be finalized. Working to reach a compromise in any outstanding issues that must be resolved through mediation is an excellent, efficient, and cost effective method to resolve disputes. Mediation is confidential, meaning that nothing said or disclosed during the process is admissible in court. The decisions made during mediation are not binding on a party unless both parties agree in writing to those decisions.
Through mediation, spouses are often able to reach a mutually agreeable resolution much more quickly and efficiently than through litigation. The mediation process requires both parties to voluntarily make full disclosure, work together, and compromise as they attempt to arrive at a resolution that is in their family’s best interests. If one or both spouses are unwilling to cooperate, mediation ultimately may not be the best path to take.
When spouses use collaborative law (also known as collaborative divorce), they will each use their own attorneys and agree to work together with the attorneys’ assistance to reach a resolution on outstanding issues without a judge’s direct oversight. Spouses agree to disclose information to each other upon request in order to arrive at an agreement. Any communication between spouses or through their attorneys during the collaborative process is not admissible in court.
Through the use of collaborative law, spouses can work to reach mutually beneficial agreements rather than take an adversarial approach to settling their disputes. This process allows the parties to avoid costly and time-consuming litigation while still ensuring that their legal obligations are met. In failed cases, the spouses’ attorneys must withdraw from the case, causing the parties to retain litigation attorneys to represent their legal interests.
Contact Botti Marinaccio, LTD. Today
If you are looking to resolve the outstanding issues in your divorce without incurring the financial and emotional costs of litigation, the attorneys of Botti Marinaccio, LTD. can work with you to help you and your spouse reach a compromise and complete the process as agreeably as possible. The law firm of Botti Marinaccio, LTD. solves problems through successful negotiations or, if necessary, at trial through a judge’s decision. Fill out our online contact form or call 630-934-2192 to contact our Chicagoland area divorce attorneys.