Can Mediation Reduce Emotional Stress in a Divorce?

 Posted on July 30,2024 in Family Law

The traditional way to get divorced is through litigation. Litigating a divorce, which means arguing the issues before a judge, often turns into a court battle that costs both sides a lot of time and money. On top of that, litigation is known to be a stressor: In addition to the heavy costs and time consumption, the parties are engaged in a highly adversarial process.

Most divorcing couples, therefore, try to reach settlements outside of court, a system known as alternative dispute resolution. Mediation is the most popular type of alternative dispute resolution, where many couples resolve their differences on issues related to the divorce.

Not only is mediation an effective way to reach a divorce settlement, but it can also reduce the emotional stress that often accompanies the divorce process. If you are considering attending divorce mediation, make sure to have an Illinois divorce mediation attorney represent you.

How Does Mediation Work?

Mediation is best described as a negotiation process. It is facilitated by a mediator, a neutral party certified in mediation. Many mediators are former judges who use their experience on the bench to help opposing parties come to an agreement. The mediator’s job is to try to get both sides to reach a compromise, which is done through the following procedure:

• The mediator sits with both parties together in a room and explains the rules and reviews the facts of the case.

• The mediator then separates the parties into different rooms.

• The mediator rotates between each party privately, trying to get each one to compromise until they find a middle ground.

If the mediation is successful, the mediator will draft a settlement agreement. Once it is signed by both parties, it becomes legally binding. If an agreement is not reached, the parties proceed to litigation.

How Does Mediation Reduce Emotional Stress?

Mediation can help reduce stress in a number of ways:

• It is a non-adversarial process because the goal is for both parties to reach a compromise. This is contrary to litigation, where each party aims for total victory.

• It typically does not cost as much money as litigation, thereby avoiding unnecessary financial stress.

• Mediation empowers the parties to take an active part in the divorce process. Instead of waiting for a judge to make a decision, each spouse actively negotiates during the mediation process, which can be empowering and therefore less stressful.

Contact a Bloomingdale, IL Divorce Mediation Lawyer

Divorce mediation is so effective that judges usually order couples to attend mediation right after they file the divorce petition. However, it is most effective when you have a Lombard, IL divorce mediation attorney present. The attorneys at Mevorah & Giglio Law Offices have over 175 years of combined legal experience and are ready to help you achieve the best results possible in mediation. Call 630-932-9100 to schedule a free consultation with an experienced attorney today.