Preparing for Alternative Dispute Resolution in Your Illinois Divorce

 Posted on October 29, 2020 in Family Law

If you are concerned about the possibility of a difficult divorce involving a long, stressful trial, you may be relieved to learn that many divorcing couples are able to reach an agreement through alternative dispute resolution (ADR) and avoid a protracted court battle. You may find that you and your spouse are able to communicate well enough to negotiate an agreement on your own, or that you benefit from the services of a neutral, third-party mediator to guide the conversation. Regardless of the approach you choose, achieving your desired outcome through ADR still requires that you go into the process fully prepared.

Tips for Getting Ready for Alternative Dispute Resolution

Before you enter negotiations with your spouse or any other form of ADR, you should be sure that you know what to expect and that you have a plan for how to approach the conversation. All of the following can help you make the most of ADR:

• Consult with your attorney: Although your goal may be to avoid a trial, that does not mean there is no use for an attorney. A knowledgeable lawyer can help you understand the different options for ADR to determine whether one may be right for you, and can also help you protect your interests throughout the negotiation process.
• Understand the issues to be addressed: There are common issues that most couples need to address during the divorce process, including the division of marital assets and debts, the determination of parental responsibilities and parenting time if you have minor children, and any necessary orders for child support or spousal support payments. You should work with your attorney to understand how each of these decisions can affect you so that none of them catch you by surprise during negotiations.
• Determine your priorities: Going into ADR with goals in mind can help you stay focused. You might decide that your priority is your children’s best interests, or that your goal is to maintain ownership of certain assets or make the case for spousal maintenance. As negotiations proceed, look for opportunities to compromise that may make your spouse more likely to agree with what you want.
• Adopt the right mindset: Know that ADR usually only works if both partners are willing to cooperate and commit to productive, civil communication. Do your best to leave emotions out of your negotiations and focus on the facts, and resist the urge to lash out at your spouse if the situation becomes tense.

Contact a DuPage County Divorce Attorney

At Mevorah & Giglio Law Offices, we strive to help you resolve your divorce using an approach that works best for you and your family. When your goal is to keep conflict to a minimum and reach a cooperative agreement, we can advise you throughout the process of alternative dispute resolution to help make this possible. Contact a Lombard, IL family law attorney at 630-932-9100 for a free consultation.

Sources:

https://www.huffpost.com/entry/how-to-prepare-for-your-f_b_4109798