Mediation has quickly become the preferred method for couples to get divorced. Mediation is less expensive and less time-consuming than litigation, allowing couples to streamline the process while maintaining control over the agreement.
Key Factors That Can Influence the Legal Binding of Mediation
The only way to ensure a mediation agreement is legally binding is to put the agreement into writing through a contract. Once the agreement terms are written and signed by both parties, it becomes a legally binding contract enforceable by the court.
Divorce Mediation vs. Litigation: Comparing Outcomes
Both mediation and litigation will result in the termination of a marriage. Litigation requires a formal discovery process where each party presents their assets and debts. On the other hand, mediation doesn't require formal discovery.
Legal Compliance in Divorce Mediation
A mediation attorney can help protect your interests during divorce.
You can also do the following:
- Guard your reputation. – Don't engage in erratic behavior or speak ill of your ex-spouse to your children, on social media, or in other contexts. These actions can give your spouse leverage in negotiations and affect the court's judgment of your parenting abilities.
- Prepare your financials. – Be sure of your financial situation, especially when preparing for mediation. You can work with an experienced mediation attorney to ensure you know your and your spouse's income, assets, and debts.
- Adopt the right attitude. – Keep a level head and positive attitude during the process, as this will help you resolve conflicts efficiently and amicably. Be prepared to negotiate and make necessary compromises to attain a fair agreement.
Common Misconceptions About the Legal Status of Divorce Mediation
Myth #1 – It's Not Legally Binding
Once the mediation process is complete and the parties sign the contractual agreement, it's legally binding.
Myth #2 – The Mediator Is in Control
Couples establish the conditions of their divorce agreement, not mediators. A mediator is a neutral third party who provides alternate solutions.
Myth #3 – Mediation Is Only for Simple Cases
Mediation can benefit any couple open to the process and willing to reach a fair divorce agreement, regardless of how complex their case may seem.
Divorce Mediation in Schaumburg
Are you seeking a divorce in Cook County? Our law office provides expertise in divorce and mediation, and our attorneys can help you choose the right divorce path for your unique situation. Call us today to book your consultation.