3 Tips for a Successful Divorce Mediation in Illinois

 Posted on April 03, 2024 in Divorce

The quickest way to get divorced in Illinois is through an uncontested divorce, which means that both parties agree on the terms of the divorce agreement. However, couples who cannot agree will file for a contested divorce with the help of a skilled divorce attorney. In this case, the parties will most likely be ordered by a judge to resolve their differences through mediation. 

What is Mediation?

Mediation is a legal process in which a mediator tries to help parties in a dispute come to an agreement without having to go to trial. Mediators are neutral parties appointed by the court to help both sides resolve their issues. Many of them are former judges. 

A typical mediation session lasts approximately three hours. During that time, the mediator will speak to both parties together and to each one separately. The parties usually know by the end of the meeting whether an agreement will be reached. If there is a settlement, it will be submitted to a court to make it legally binding.

If the mediator is unsuccessful at getting both sides to resolve their differences, the case will progress to the litigation stage. This usually means a costly and drawn-out court battle, so couples who are getting a divorce are often encouraged to try their best to reach a mediation agreement.

Here are three tips to help get the best result possible for yourself in a divorce mediation session.

Know Your Bottom Line

Divorce is rarely as simple as just dissolving the marriage. Many divorcing couples face a range of difficult issues, including:

• Family maintenance, such as alimony and child support

• Division of marital assets

• Child custody

Before you walk into the mediation room, it will be helpful for you to have clarity on where your bottom line lies on each issue. Perhaps you cannot go below or above a certain financial number, or maybe you have standards for parenting time that you cannot budge on. Remember that the mediator’s goal is to get each side to compromise as much as possible, so knowing your minimum and negotiating above that can help your goals.

Negotiate the Easy Issues First

While making too many concessions can send the message that you are a pushover, making some concessions signals that you are trying to make things work. If there are issues on which you are willing to make concessions, try to negotiate these first so that the other side feels you are making a good-faith effort to come to a resolution. He or she might work harder to meet you on issues that are less negotiable for you later on.

Contact an Arlington Heights, IL Divorce Lawyer

While you do not need to have an attorney present at mediation, hiring an aggressive Arlington Heights, IL divorce attorney to be at your side can help you achieve the best outcome possible. A family lawyer who is experienced in mediation and knows the process well can be invaluable to you, especially if you are expecting the other side to make very few concessions. The attorneys at A. Traub & Associates offer premium legal services and are ready to vigorously protect your interests. Call them today at 847-749-4182.