Naperville Divorce Mediation
Divorce Mediation
Young couple with a problem to consult a psychologist
Naperville Divorce mediation happens to be one of the most frequent methods preferred in a divorce settlement. In mediation, a neutral party will help facilitate communication between you and your spouse. The aim of the mediator is to act as a facilitator and help the couple figure out the proper way of handling their divorce, in regards to distribution of property, Parenting time and child custody, child maintenance/support, taxes and retirement.
The mediator will also provide information in relation to the legal system, and appropriate alternatives in coming up with an amicable solution. Naperville Divorce mediation offers a less expensive service than a court trial, which might contain a series of hearings. It is also confidential, you and your spouse have control over the process, improves communication between the two parties which helps avoid future conflicts or misunderstanding, and most importantly, it ends in a divorce agreement that is fair to both parties. With mediation none of the parties have to appear in court.
The process
The mediation process involves the couple meeting the mediator for a number of sessions which usually take about 1-2 hours. However, some sessions take longer depending on the complexity of the case and how willing the couple is to communicate. Some sessions last for a month while others can spread out over two months with some of the most complex cases going up to six months.
The mediator is trained on how to deal with spouses who are too emotional about the divorce and wouldn’t want to negotiate with their spouse face-to-face. At the end, both parties will appreciate the process as it will help them solve the issue peacefully without the extra emotional strain and the financial burden of going to court.
The mediator can be an attorney or not, but that does not overrule the fact that both parties might obtain independent legal advice from their lawyers during the mediation process. The mediator is there to help reach a divorce agreement not give legal advice.
In the first meeting, the mediator and the couple pinpoint the issues that need to be handled and come up with an order on how they will talk about the mentioned issues. They will also decide on the type of information that needs to be shared. The couple will be required to avail financial data, or if necessary, they can use the services of accountants or appraisers, with the material treated with confidentiality as dictated in the adversarial process.
In the further sessions, the mediator will provide legal information and shed light on the common ways people resolve divorce issues. Most of the discussion revolves around reaching a compromise on various issues and ensuring that the decision is fair and agreed upon by both parties.
Most people are afraid that their spouse might overpower them in the discussions; especially if they often avoid confrontation. However, the mediator is there to ensure that both parties speak out and has the power to stop the process if one of the parties wants to overrule the discussion. Mediation has proven effective, especially for people who perceive themselves as “weak or shy”.
After all the sessions have been conducted and both parties reach an agreement on all issues, then and only then will the mediator draft the agreement upon which each of the parties will present the agreement to their attorneys for review. As soon as the agreement is signed by both parties, it becomes enforceable, however a judgment is later prepared and filed with the court, but it is still remains enforceable as a divorce judgment.
If you and your spouse find it difficult to reach a fair agreement on all issues, an agreement will be drafted for the issues handled, and both parties have the option of either litigating for the unresolved issues or take time to think about it and resume meditation later on.
Once the agreement has been signed by both parties, the documents need to be filed. It is better if the mediator is an attorney as they can help the couple file all papers, including the dissolution of marriage action, necessary disclosure documents, prepare the agreement, the judgment, and any other relevant papers required to be filed with the court.
If you happen to be in Naperville, Chicago and in need of a divorce mediator, we will provide you the best services in coming up with your divorce agreement. Our Naperville Divorce Mediation service will ensure that you and your spouse reach an amicable solution. We handle all cases, from the simple to the most complicated ones.