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DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

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105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

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1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
Subscribe to this list via RSS Blog posts tagged in alternative dispute resolution

b2ap3_thumbnail_shutterstock_750040453.jpgDivorce is often viewed as a tumultuous process, but this is not always the case. In fact, some couples still value their bond and prefer to end things peacefully. Others recognize that fighting increases the financial and emotional costs for everyone involved. In these situations, parties may opt to pursue alternative dispute resolution over a litigated divorce. However, this path may not be right for every couple, and litigation may be the only way to successfully finalize a divorce.

Mediation or Litigation?

If you are considering using mediation during your divorce, it is important to know that victims of any form of abuse (mental, physical, or financial) are generally encouraged to lean towards litigation instead, as it tends to offer greater protection throughout the divorce process. Litigation is also preferred when there is suspicion of hidden assets. However, contention or disputes between the parties do not mean that a couple cannot pursue alternative dispute resolution; if anything, this particular divorce path may offer some benefits for couples, as long as both parties are at willing to bring their concerns and disagreements to the table in a civil manner. Both parties are encouraged to work together and reach a compromise on sensitive matters, like the division of assets and the creation of a parenting plan. The goal is to make sure that each party walks away with at least some of what they want and a fair portion of what they deserve.

Points to Consider When Determining Whether Mediation Is the Right Solution for Your Divorce

You should ask yourself the following questions when trying to determine which path is best for you:

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Naperville divorce mediation attorneyPredicting the types of conflicts you may experience throughout your divorce process can be difficult, if not impossible. Sometimes, you do not know trouble is brewing until a particular issue is discussed and suddenly spawns an argument that seems unmanageable. Many couples experience nothing but smooth sailing during the first stages of divorce, only to find later that buried tensions have morphed into a series of toxic interactions. Whether you have been fortunate enough to have an amicable separation thus far or are dealing with a contentious divorce, exploring mediation as a tool to help achieve a peaceful dissolution of marriage can be beneficial for both parties. 

Conflicts That Can Be Better Resolved With Mediation 

Divorce stirs up an array of emotions for everyone involved, often triggering irrational exchanges and heated responses between both parties. If tension starts to build or conversations cannot be conducted civilly, mediation may be the best resolution. Utilizing a trained professional to negotiate the terms of your divorce can help reduce stress, allowing you to reach an agreement that both parties can be satisfied with. Some common points of dispute that can be resolved with the help of a mediator include:

  • Parenting plan disagreements - The purpose of a parenting plan in the state of Illinois is to allocate specific parental responsibilities to each parent, so that both parties have a clear understanding of their role in the child’s life. Although a parenting plan serves to protect the best interests of the child, creating one can be tricky. Disagreements about important issues, such as parenting time (visitation), education, healthcare, and religious beliefs, can be resolved through mediation.

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Lombard, IL alternative dispute resolution attorney

The moment the divorce process is set into motion, separating spouses are inundated with challenges and are forced to address a number of different conflicts. Whether the decision to end your marriage was mutual or rife with tension, a variety of issues can arise, requiring both parties to work together to find solutions. Discussions about everything from the division of assets and spousal maintenance to child support are all topics that can quickly turn an amicable split into a contentious one. While not every divorce involves heated debates and bitter court battles, even couples whose interactions are civil and respectful may run into roadblocks as they navigate the divorce process. However, there are alternative dispute resolution methods that achieve the same goal of legally ending a marriage. 

How to Know When it Is Time to Consider Mediation

Divorce mediation is a path that allows both parties to work with a neutral third party who is specifically trained to handle conflict resolution. A mediator is equipped to address concerns over legal matters while working with a couple to find a solution that meets the needs of each party. How do you know when you are in over your head with the divorce process? At would point should couples seek out mediation to resolve ongoing conflicts? Experts suggest there are multiple indicators that signal your need for help from a third party. Here are some signs that your divorce case may benefit from some support to help move things in the right direction:

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Naperville ADR divorce lawyer

Marriage is not for everyone; however, there are those people who enter into marriage believing they can make it work and last a lifetime. Unfortunately, even for those couples who give it their best, they may ultimately decide to divorce. Indeed, most recent statistics available show that more than 22 percent of couples marrying for the first time end up divorcing in less than five years, while 53 percent of all marriages dissolve by the 20-year anniversary. Although divorce proceedings are usually carried out in court, litigation is not always necessary to legally terminate your marriage.

Alternative Dispute Resolution

There is a growing trend for couples to use other means to resolve the issues involved in ending their marriage, and these methods are known as Alternative Dispute Resolution (ADR). Mediation is one of the most common types of ADR, and during this process, divorcing spouses will work with a third-party mediator to address and resolve all legal issues involved in dissolving their marriage. The process is confidential and non-binding. This means if one spouse does not agree with the mediator’s proposed resolution of an issue, they will not be required to follow it, and any issues that cannot be resolved may be addressed through litigation in court. The mediator can help resolve issues typically involved in divorce, such as:

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DuPage-County family law attorneyWhen couples start to think about divorce, they often fear that it will be this horrible, contentious battle. They worry that both they and their spouse will be emotionally, financially, or mentally devastated (if not all of the above) by the end of it all. True, divorce is an emotionally difficult process with a lot of legal and financial complexities, but there are many couples who are able to divorce amicably. In fact, there are even some spouses who walk away as friends. If you know that divorce is the path that is right for your marriage, but you would like to do so without tearing one another apart, the following information may help.

Why an Amicable Split?

There are many reasons that a couple may wish to part ways in a peaceful manner. Some may simply want to preserve the happy memories of their marriage, or they may be dead-set on not hurting the spouse that they still very much care about but no longer wish to be married to. Others may wish to split amicably because they do not want their children to be caught in the middle of a war zone. They want future family get-togethers and an environment where their children feel safe and loved, despite the ending of the marriage. Whatever your reason, the key to moving forward peaceably is to keep it in the forefront of your mind whenever things get stressful. Because they undoubtedly will.

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from four offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

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