When a divorce case goes to trial, the parties are essentially at the mercy of the family court judge assigned to their case. The outcome of a case can vary drastically depending on the judge—some are more conservative than others, some are stricter than others, and some have more experience in certain cases than others do. While waiting in a courtroom for a judge to determine how you will spend time with your children, or how your property will be divided, you will no doubt feel stressed and anxious.
However, seeking the assistance of a skilled divorce mediator in Chicago can help you avoid this experience altogether.
First, during mediation, any settlement that you and your spouse reach is due to your agreement on specific terms of the divorce settlement. The mediator does not make any decisions for you, whereas a family court judge will decide how each issue in your case is adjudicated. The divorce mediator is available to help you negotiate your own terms, but you do not have to agree to any term unless you truly believe it is best for your family and your situation. This is especially important for parties who have children—they can dictate exactly how custody and visitation will be resolved, in accordance with their work schedules and their children’s school calendars.
Trials may only last one day, and the judge will make a decision in your case based upon the testimony and evidence presented at a trial. Since you will typically only answer questions that your attorney asks you on the witness stand, you may feel that there was a lot of information you did not get to tell the judge. In contrast, you have the chance to have an open, candid conversation with the mediator—meaning you can tell the mediator every detail about your marriage that you feel is relevant.