Bloomington Divorce Blog

When it comes to alternative dispute resolution, mediation is a standard divorce method used in Illinois. During this process, an unbiased third party, trained in mediation, helps opposing parties negotiate settlements. At Stange Law Firm, PC, we often help clients find a mediator to help them achieve the most positive outcome.

According to Harvard Law School, mediators follow different approaches depending on the type of conflict. Understanding the types of mediation and styles can help you select the professional that fits your needs best.

• Court-mandated mediation is a voluntary process. It occurs when the court's goal is a cost-efficient, speedy settlement. If you or your spouse are not in favor of this resolution methods, the odds of success are low. However, when both sides engage willingly, settlement rates are much higher.
• Evaluative mediation relies on the mediator expressing his or her opinions through the use of suggestions and recommendations. The goal is helping you both assess the legal merit of your arguments. This type of mediator is often an attorney with expertise in the disputed areas. The method is typically used in court-mandated mediations and helps make fairness determinations.
• Facilitative mediation uses professional mediation. The process encourages exploration by each party into the other's deeper interests.
• Mediation-Arbitration begins when all parties agree in writing that the outcome is binding. A mediator helps negotiate the terms of resolution. If the mediation process ends in an impasse, the mediator assumes the role of an arbitrator or another individual takes over. Judgments typically occur quickly.
• Transformative mediation relies on empowerment. Mediators help you and your soon-to-be-ex resolve the conflict by encouraging you to recognize each other's interests and needs. The goal includes transforming the relationship. This method helps you gain the skills necessary for making constructive changes.

Getting divorced from your spouse in Illinois may leave you facing some unique challenges that must be carefully navigated to allow you to make effective long-term decisions that will better your life. One complicated factor you may be dealing with is child custody and establishing boundaries between you and your ex that still allow your children to benefit from a healthy relationship with both of their parents. 

While the idea of a functional child custody agreement may seem far-fetched at first, there are certain actions that you can take to support the arrangement that has been made and enable it to work as effectively as possible. To begin, keep in mind that a beneficial custody arrangement will require compromise and flexibility on behalf of both you and your ex. There will undoubtedly be times when the agreement has to be modified to account for unique life circumstances in your own life and that of your ex. You may also not be able to have everything you desire in terms of caring for your children, but recognizing that from the start can help you prioritize the things you do want. 

Couples seeking divorce in Illinois are almost sure to face some emotional challenges. If the divorce becomes contentious, that makes the proceedings much harder, both mentally and financially. An article in Psychology Today provides some tips for a collaborative divorce.

One suggestion is to look at the divorce as a gradual process, instead of one single event. Do not wait until after the settlement agreement is signed to start seeking emotional closure. Begin accepting that the relationship has ended well ahead of settlement negotiations. This will help you maintain a clear head and make the best decisions.

Typically speaking, Illinois family courts will award both parties of a divorce custody of the child or children. Joint custody is the preferred custody setup, as it grants both parents equal decision-making rights and ample time with the child. Visitation, on the other hand, is one of the least favorable options.

According to FindLaw, the Illinois courts may choose to restrict one or both parents' parenting time by awarding visitation if it believes that doing so will prevent serious endangerment to the child. The courts may determine that serious endangerment exists if a parent's conduct leading up to or during a divorce or custody case is such that it would adversely affect the child's emotional development. Generally speaking, for the courts to award visitation over custody, one parent or another party must prove by a preponderance of evidence that a parent's exercise of parental rights would seriously endanger the child's mental, emotional, physical or moral health.