Should I Consider Divorcing through Mediation?

There are a lot of ways to get divorced. Although there is no “right” way to get divorced, there are ways to complete the process that may be less stressful, less expensive, and result in better harmony between the former partners than others. One of these methods, for example, is mediation. If you are familiar with mediation as a form of alternative dispute resolution, you know that it involves working with a trained mediator to come to a mutually-satisfying settlement with the other party. Divorcing through mediation is no different. 

But should you consider mediation as a way to divorce? That depends on the circumstances present in your marriage and your ability to work cooperatively with your partner. Mediation is not an ideal solution for every couple and in some cases, the lack of court interaction that many couples enjoy with mediation can make the process more difficult. To determine whether you are a candidate for mediation, speak with an experienced divorce attorney. If you find you are not a candidate for mediation, discuss other divorce solutions.

Can you Work Cooperatively with your Partner?

This is one of the most important issues to determine when deciding whether you are a fit for mediation. Mediation sessions are a lot like counseling sessions: each partner discusses their goals for the divorce, then they work with the mediator to determine a divorce settlement that best helps them each reach these goals. If you feel comfortable discussing what you want from your divorce, why you want these things, and how you hope to achieve them, you might be well served by mediation.

Do you Trust your Partner?

If you cannot trust your partner to be honest with you and the mediator, you likely will not have a successful mediation. If you suspect your partner is attempting to hide assets or that he or she will otherwise not be completely truthful through the mediation process, you may not be suited to mediation.

Are you Willing to Compromise?

This goes with the first point about working cooperatively with your partner. Are you somebody who can cede certain “wins” in exchange for others, or are you more of the “my way or the highway” type? Be honest about whether you and your partner compromise on certain issues in your divorce. Compromise is the key to a successful mediation and if you cannot compromise, you might be better served by another divorce method.

Is There a History of Domestic Violence in your Marriage?

If so, mediation may not an option for you. Domestic violence destroys trust and creates fear and resentment. These ingredients can be fatal to a successful divorce mediation. Special ground rules and safeguards may need to be implemented if mediation is attempted.

Work with an Experienced Highland Park Divorce Attorney

If you are considering divorcing through mediation, work with an experienced divorce attorney to make the right choice for your unique situation. I am an experienced divorce attorney who can help you make productive choices regarding your divorce. To learn more, set up our initial legal consultation by contacting my firm, Divorce Lawyers Chicago, today.