skip to Main Content

Why Should I Consider Mediation vs. Traditional Divorce Court?

In a previous article, “Divorce Mediation”, we discussed the general process of divorce mediation. There are several reasons why you should consider divorce mediation over the traditional court process. Here are some of the potential benefits of choosing mediation:

Greater Control: In mediation, you and your spouse have more control over the outcome. Instead of leaving important decisions in the hands of a judge, you can actively participate in the negotiation and decision-making process. This can lead to a more satisfactory and personalized agreement.

Confidentiality: Mediation offers a confidential setting where you can openly discuss your concerns and needs. The discussions and negotiations that occur during mediation are typically not admissible in court if the process fails. This can provide a safe space for an open and honest communication.

Customized Agreements: Mediation allows for more flexible and customized agreements. Rather than relying on rigid legal guidelines, you and your spouse can craft solutions that meet your specific circumstances and needs. This level of flexibility can lead to more creative and satisfactory resolutions.

Cost-Effective: Mediation is often more cost-effective than litigation. Since you are working with a mediator rather than hiring separate attorneys to represent you in court, the overall expenses are typically lower. Additionally, the reduced time spent in court can save on legal fees.

Faster Resolution: Mediation can generally result in a faster resolution compared to going through the court system. Litigation can be a lengthy process due to court schedules and the backlog of cases. Mediation allows you to work at your own pace and schedule sessions that are convenient for both parties.

Reduced Conflict: Divorce can be emotionally draining and litigation tends to exacerbate conflict between spouses. Mediation, on the other hand, promotes a cooperative and collaborative atmosphere. The mediator facilitates communication and helps you find common ground, fostering a more amicable resolution that can be beneficial, especially when children are involved.

Preservation of Relationships: Mediation focuses on finding mutually agreeable solutions. By working together to reach compromises, mediation can help preserve relationships, which is particularly important when co-parenting is involved. Maintaining a more positive relationship can benefit both you and your children in the long run.

It’s important to note that mediation may not be suitable for all divorcing couples, especially in cases involving domestic violence or extreme power imbalances. Consulting with a family law attorney can help you assess whether mediation is the right path.

If you have any questions about divorce mediation in Illinois, or any other divorce and/or family law matter, contact our attorneys at the Law Offices of Azita M. Mojarad, P.C. by calling (312) 641-0771, or emailing Our experienced attorneys can address your concerns and advise you of the proper course of action.

Back To Top