Many people know that an uncontested divorce is the fastest and easiest way to get divorce in Illinois, but they might have a problem getting to an agreement. For those people, mediation might work. But there are a few things you should know if you want mediation to end in an uncontested divorce in Illinois.
As an attorney-mediator, I’m both practicing divorce attorney, and a divorce mediator. Unlike those mediators who aren’t lawyers, I actually know what I’m talking about because I can mediate a case with an in-depth understanding of how cases play out in court in Illinois. For a better understanding of why an Illinois divorce mediator should also be a lawyer, check out this article.
Mediation is a step, not the entirety
As indicated above, mediation can lead to an uncontested divorce. So it can be a step in the process of getting divorced, but mediation itself does not result in a divorce.
For more about how mediation leads to an uncontested divorce, check out this article.
The purpose of mediation is to come to an agreement that can eventually be entered in court as an enforceable court order.
You might not need mediation
Some people call me for divorce mediation in Illinois and they seem very anxious to get everything done. That’s understandable. So I asked them about the points of disagreement, and they sometimes have a hard time coming up with something.
Eventually I might find out that they don’t really disagree about anything. So they’ve agreed how to divide assets, what to do with the kids, and what should happen with the house (for example).
For those people, I make sure to let them know that mediation would be a waste of time, and they should jump right to an uncontested divorce in Illinois.
Sometimes, mediation is actually a waste of money because it is not necessary.
There are many Illinois divorce mediators out there that will be happy to make money off you even though you don’t really need mediation. But that’s not how we work.
Mediation should be quick
Mediation should be quick, and affordable. If you want an equitable mediation, both parties need to be fully on board. That’s why we offer flat fees for mediation, and have appointments available on evenings and weekends.
But there are some unscrupulous mediators out there that will let a mediation drag on for an eternity. In fact, as a lawyer, I’ve been hired by several people who have been victimized by those types of mediators.
What you should understand is that mediation should be quick. Sure, you need to meet a few times over a couple weeks. But you don’t need to mediate for one year. If that’s how your mediation is going, then you really might want to top the mediation and just litigate the case in court.
You should hire a mediator who has the integrity to tell you when mediation won’t work.