How Mediation Offers More Privacy in a Divorce

 Posted on September 30, 2018 in Family Law

When most people think of the divorce legal process, they picture a courtroom and two spouses yelling at one another. While some divorce cases may look like this, the majority of them do not involve a judge or courtroom. Most divorces cases are actually resolved through negotiations between the spouses. Often times, the only role the judge has is to approve the agreement that a couple has reached.

Mediation is one of the most common ways divorcing couples come to agreements. It can save divorcing couples time and money while offering them scheduling flexibility and a greater say in what happens with their divorce. Mediation can also lead to increased privacy.

What is Mediation?

The purpose of mediation is to make it easier for couples to come to agreements. A mediator is a neutral third-party who makes sure that each spouse receives the opportunity to speak and explain how they feel and what they believe should happen. They also provide information about the legal system as well as how judges and lawyers view certain issues.

How the Courtroom Does Not Allow for Privacy

During all formal courtroom proceedings, there must be a court reporter. Their role is to jot down every word that is said and any noteworthy gestures. In most cases, the court reporter’s transcript becomes a public record that anyone can view.

Therefore, anything that is said during your divorce case in the courtroom may be accessed and shared by anyone. If you would like to keep your income, parenting style, and any mistake or issues in your marriage private, divorce proceedings will not allow you to do so.

How Mediation Leads to Privacy

If you decide to opt for mediation, mediator will work with you and your spouse. While they make take notes during your mediation sessions, know that anything that you discuss will stay between you, your soon to be ex, and the mediator.

You will likely reach an agreement with the mediators help. Once your agreement is approved by a judge, your divorce becomes public record. However, any arguments or other difficult conversations will remain confidential. With mediation, you can be completely open and honest and do not have to worry about your personal details becoming available to the public.

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Contact Our Experienced DuPage County Child Support Lawyers

For more information about mediation and how it may help your divorce, contact our highly skilled DuPage County child support lawyers at Mevorah & Giglio Law Offices.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0