Does Mediation Work in Contentious Divorce?

 Posted on October 15, 2024 in Family Law

Filing an uncontested divorce can save you and your spouse the hassle and expense of going to court. Uncontested divorce is also usually much faster than contested divorce because you will not need to wait for a court to act or spend time gathering evidence. While being amicable with your spouse can make negotiating a divorce agreement much easier, even spouses who have a very high-conflict relationship can use mediation or attorney-facilitated negotiation to achieve an uncontested divorce. Even if you and your spouse are planning to work with a mediator, you should also be represented by an experienced DuPage County, IL divorce lawyer.

Mediators Are Used to High-Conflict Divorce Cases

Divorce mediators are well-prepared to help spouses who are not on good terms. Most people who are getting divorced are not on good terms and are prone to arguing and rehashing the disputes that led to the divorce. A good mediator can help keep the conversation productive and focused when the parties begin to argue or get off-topic.

You Do Not Have to See Your Spouse During Divorce Mediation

If you know that sitting down with your spouse to try to resolve the issues in your divorce would be unproductive because you cannot stand to be around each other, you do not have to. Some styles of divorce mediation do not involve seeing your spouse. You can sit in one room with your attorney while your spouse sits in another room and the mediator goes back and forth to relay offers. Mediation can also be done virtually so the mediator can see both of you, but you cannot see each other.

Why You Still Need a Lawyer During Divorce Mediation

The mediator’s role is to help you compromise. Your lawyer can tell you where you may not need to compromise because the law is on your side. An attorney will be able to help you understand what would likely happen if you went to court on a certain issue. For example, say you and your husband are talking about how to divide your furniture. Your husband offers to let you keep the antique dining room table from your grandmother if you give him the bedroom set. Your lawyer would explain that because you inherited the table, it is your separate property and you would not need to give up anything in exchange for it.

Contact a Wheaton, IL Divorce Lawyer 

NN Legal Group is dedicated to helping people get divorced without going to court. Our experienced DuPage County, IL divorce attorneys will do all we can to make out-of-court divorce work for you. Contact us at 630-474-0925 for a complimentary consultation. Hablamos Español.