Is mediation always a good option?

When you finally realize there is no saving your marriage, it makes sense to learn about the ways you can get a divorce. Like other Illinois residents, you may understand that in addition to litigation, you can consider alternative dispute resolution means, such as mediation. However, you also need to understand that being successful in an uncontested divorce depends on several factors.

The American Bar Association explains that there are numerous benefits to mediation. Typically, an uncontested divorce costs less and does not take as long as going to court. It may also reduce conflict and stress. However, you and your spouse would need to speak to each other civilly and be willing to compromise, which is difficult for many couples. You may also want to take note of the following situations, which can complicate mediation or make it impossible:

  • Your spouse was emotionally abusive or physically violent.
  • Substance abuse or alcoholism were a problem during the marriage.
  • Your spouse has a significant financial advantage over you.
  • Your spouse attempts to control every situation.
  • Neither one of you are willing to communicate or negotiate.
  • Your mediator is not being impartial.

Since each marriage is unique, it makes sense that each divorce would be different, as well. Therefore, you would need to carefully consider your own circumstances before deciding which route to take. It may also help to seek competent legal counsel. Therefore, the information in this blog should be considered for its educational purposes only, and it should not substitute as legal advice.