When a couple chooses to get a divorce, it can be one of the most difficult decisions to make. However, once this decision is made, spouses quickly learn that they must also decide how to proceed with their divorce. In many cases, they will want to work together to settle their differences rather than pursuing costly litigation in court. Two methods of alternative dispute resolution are mediation and collaborative law. So, which is best for a couple to choose?
During divorce mediation, a couple will work with a qualified mediator. The full mediation process is outlined in the Uniform Mediation Act, found in the Illinois Compiled Statutes. Over the course of several meetings, the mediator will help the couple come to an agreement about the outstanding issues in their divorce. The agreement will include many different terms, including a parenting plan, child support and alimony obligations, and decisions about the division of property and debts.
The mediator will remain neutral throughout the proceedings, and he or she will not make any decisions for the couple. Instead, the spouses will have full control over the decisions made, and the settlement will only be legally binding if both spouses agree on its terms. After an agreement has been reached, the mediator will draft any paperwork that is required. This will include a Memorandum of Understanding that will outline the terms agreed upon....