Why Choose Divorce Mediation Instead Of Litigation?

A divorce that seems straightforward at first may quickly devolve into acrimony. Conversely, some divorces are high conflict from the start. In either situation, divorce mediation can be more effective than traditional litigation. It is less expensive, less time-consuming and less stressful to mediate conflict instead of taking the matter to court and leaving it in the hands of a judge. Fewer than 1% of all cases actually have trials – so why litigate?

I am Jerry Kessler, a full-time professional mediator with 35 years of experience handling Illinois family law mediation. I exclusively handle mediation, serving clients in the North Shore, Chicagoland, Lake County and the entire state of Illinois. You can rely on my considerable experience and my natural ability to defuse tense situations. Please call my office today at 847-367-4500 if you have questions about divorce mediation.

Mediation Can Work Well For All Aspects Of Your Illinois Divorce

Many people do not realize that there are many issues you may resolve in divorce mediation, including:

• Property and asset division
• Dividing a family business
• Division of marital debts
• Spousal support
• Child custody and support
• Post-divorce conflicts

I provide mediation for married couples as well as couples who were never married, whether or not they share children.

Answers To Common Questions About Mediation In Illinois

Below, I’ve answered some questions prospective clients often ask about mediation.

What is divorce mediation?

Divorce mediation is a method where you and your spouse collaborate with a neutral third-party mediator to settle disputes related to your divorce or other family law issues. This can involve discussions about property division, child custody and spousal support. As a mediator, my role is to assist both parties in reaching a fair and amicable agreement without needing to go to court. I do not make the decisions – you and your spouse create the terms of your agreement.

What are the benefits of choosing mediation for my Illinois divorce?

Opting for mediation in your Illinois divorce comes with several advantages:

• Mediation costs less than a traditional court case.
• The process can be completed in a shorter period of time compared to litigation, allowing you to finalize your divorce sooner.
• Mediation encourages cooperation, reducing the emotional toll on you and your family.
• Mediation sessions are private and confidential, unlike public court hearings.
• You proceed at your own pace, not the court’s schedule.
• You and your spouse have the final agreement as you work together to resolve issues.

Mediation isn’t possible in all cases, but it usually works.

How does the mediation process work?

The mediation process generally includes these steps:

1. Intake: You and your spouse meet with the mediator individually so the mediator can tailor the process to address your individual situation.
2. Joint meetings: The issues to be resolved are identified, both parties provide relevant information and documents about finances, property and children. Options to resolve the issues are discussed.
3. Reachings agreement: With the mediator’s guidance, you and your spouse discuss each issue and strive to reach an agreement that both sides are comfortable with.
4. Drafting the agreement: Once you reach a consensus, the mediator drafts a settlement agreement.
5. Court approval: The parties submit the agreement is submitted to the court for approval and it becomes part of the final divorce decree.

Mediation allows couples to avoid court entirely, except for appearing at the uncontested final approval hearing (usually via Zoom). 

How is mediation different from traditional divorce in Illinois?

Mediation differs from traditional divorce in several significant ways:

• Mediation is voluntary: Mediation is a voluntary process, whereas traditional divorce is a legal proceeding.
• Common sense approach: Mediation focuses on finding common ground, while traditional divorce is adversarial, time consuming, expensive and often emotionally hurtful. Mediation permits creative, individualized solutions that may not be available in court proceedings.
• Scheduling flexibility: Mediation sessions can be arranged according to your schedule, unlike court dates, which are set by the court. The mediation is by Zoom – the dominant mode of mediation nationally and globally.
• Comfortable setting: Mediation is more relaxed and less formal than court proceedings. The mediator can shift between joint meetings and breakout rooms (i.e. shuttle) to make sure that both parties are comfortable and to see if anyone has a concern or question. In mediation, it is always acceptable to say “I need to think about that.” We want informed decision-making.
• Outcome control: In mediation, you and your spouse determine the outcome, whereas a judge makes the final decisions in a traditional divorce.

Choosing mediation allows you to reach a more tailored and mutually satisfactory resolution, making the divorce process smoother and less contentious.

You Do Not Have To Fight With Your Ex To Solve Problems

I believe in the effectiveness of mediation and strive to give the parties a calm, constructive way to resolve conflict without further damaging relationships, especially when children are involved. Mediation provides people with a safe space to work through their contested issues and reach an agreement on how to move forward.

Your Divorce Can Be Less Stressful With Mediation

I understand that divorce can be painful, but the legal process of separating and moving on does not have to be hostile. Mediation is effective even when it is a high conflict situation. Speak with me today to learn more about how mediation may benefit you and your family. I provide free Zoom consultations. Just call 847-367-4500 or send me an email to get started.

My services are cost-effective and follow a “pay as you go” structure – there is no retainer. I’m happy to explain this at your consultation.