Many people assume that the decision to end their marriage is the most difficult part of divorce. Unfortunately, many divorcing spouses find that reaching an agreement about the terms of their divorce is just as challenging. When divorcing spouses disagree about child custody, property and debt division, alimony, and other aspects of their divorce, they have several options. One of these options is to attend family law mediation and work with a specially-trained mediator in an effort to reach a resolution. However, mediation is not effective or even appropriate in every case.
What Happens During Mediation?
Reaching an agreement about divorce issues is often the biggest obstacle divorcing spouses must overcome. When a divorcing couple cannot reach a decision on their own, they may choose to go to mediation. Family law mediation may also be ordered by a judge. During mediation, the couple works with a neutral third party called a mediator. The mediator does not choose one spouse’s side over the other or tell the couple how to resolve their differences. The mediator’s role is instead to help guide the conversations and negotiations so that they are as productive as possible. The mediator may help the couple stay focused on the task at hand and avoid arguing about unrelated issues. The mediator may point out any common ground that the spouses share and suggest potential compromises. However, reaching an agreement is ultimately up to the spouses themselves. Many spouses find that this extra assistance is what they need to reach an out-of-court agreement and avoid divorce litigation.
Limitations of Mediation
It is very important to note that mediation is not the appropriate way to resolve divorce issues in every case. If you and your spouse own complex assets such as a business, have an especially high net worth or are in the midst of complicated financial struggles, mediation alone may be insufficient. Mediation may be inappropriate if there has been a history of domestic violence, abuse, or large power discrepancies in the relationship. It is also important to remember that a mediator is not the same thing as a lawyer. Only someone licensed to practice law can provide legal advice or represent you during a legal proceeding. However, there are some lawyers who also act as mediators.
Contact a Kane County Mediation Lawyer
If you are ready to end your marriage and you want to learn more about the best way to do so, contact a St. Charles divorce attorney from Shaw Family Law P.C. Attorney Matt Shaw has served as a mediator and a Guardian ad Litem and is qualified to assist with a wide range of family law matters. Call our office at 630-584-5550 and set up your confidential consultation today.