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The Basics of Divorce Mediation

There are many ways to seek resolution to a divorce case. The traditional way is through litigation, which is when both sides present their cases to an impartial judge. Given the circumstances of each party, the judge determines things such as division of property, child support and child custody. Another way to finalize a divorce is through mediation. This method allows the separating spouses to determine their own future by working together towards a mutually beneficial solution. A neutral mediator is in place to move the conversation along and follow the legal standards of divorce. While the mediator will seek an amicable solution to common issues of divorce, it is also important to follow some ground rules.

Each party must come to the table with the proper mindset. Negotiation is necessary to keep the mediation moving forward, and both parties will have to put aside some personal demands for the greater good. Keep the benefits of mediation at the forefront of each conversation so that you remember that you can't get everything you want. Mediation can be a better option for those couples who can handle it because it is less expensive, takes less time, and allows the couple to control the outcome of their own divorce settlement more than litigation would.

The start of mediation is critical to address the issues and concerns of each spouse. Finding the areas that are easy to agree on will make the process feel painless and productive. Using that method will also build trust between both parties for when issues are more difficult to resolve. Dividing property can be difficult if both parties are asking for the same things or if they are demanding assets out of anger or spite. Aspects like child custody might be more difficult to resolve because it is more emotional. Try to avoid anger when talking about difficult issues because it will not help resolve anything.

If you can come to a negotiated solution, then your lawyer can submit an agreement to the divorce court. This can save you the time, money and stress of a drawn out court battle. Contact an experienced divorce attorney in Naperville who can help mediate your divorce.

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