Divorce Mediation vs. Divorce Court

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative divorce, often in an effort to reduce costs or speed up the process. While considering your options on how to work together to reduce conflict and expenses, it is important to know that you cannot have just one attorney represent both you and your spouse in a divorce: this is an inherent conflict of interest, even if you two truly agree on everything. But for those individuals who prefer to try and work together to resolve the issues in their divorce, rather than negotiate through attorneys, divorce mediation can be a great tool for the parties looking to lower their costs, shorten the process, and keep things (more) civil.

Is Divorce Mediation Better Than Divorce Court?

Mediation can be a difficult and emotional process, but it can also be a great opportunity for someone to voice their opinions and find a resolution to the conflict in their lives. Often, people come away from mediation with a strong sense of accomplishment and greater investment in the agreement because they helped to create it, as opposed to being ordered to do something by a judge.

What Are the Pros and Cons of Going to Divorce Mediation?

PRO: Mediation is more collaborative, and often less contentious, than litigation.

CON: A mediator cannot draft settlement agreements or court orders, which are needed to finalize every divorce.

PRO: Mediation can be much less expensive than litigation.

CON: A mediator will not give you any legal advice or expertise.

What Are the Pros and Cons of Going to Divorce Court?

PRO: A family law attorney can handle all aspects of your case, including draft settlement agreements and finalizing your divorce at a court hearing.

CON: Couples who have a very contentious or imbalanced relationship are more likely to get relief in court.

PRO: “Let the judge decide” may be best.

CON: Divorce litigation can take a long, long time.

PRO: A lawyer will fight to get the best outcome for you.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/divorce-mediation-vs-divorce-court/

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