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Posted on in Mediation

mediation, Illinois divorce, Lombard family lawyerA litigated divorce can be extremely stressful, time-consuming, and, in many cases, rather expensive. As an alternative, many couples are able to reach a reasonable divorce agreement through the process of mediation, meeting with a third party facilitator to work out their differences on the all of the pertinent issues. While it can be a very useful tool, there are certain situations in which mediation may not be appropriate. In these cases, litigation may provide the only option for an equitable divorce settlement.

Potentially Less Accountability

Mediation is, at its core, a negotiation process, which means that the parties often begin at extreme opposite ends of a particular issue and work their way toward compromise somewhere in the middle. Complex divorce cases—especially those involving one or both spouses with high net-worth—typically require complicated evaluations of business interests and real estate holdings. These evaluations may be artificially inflated in a mediated divorce case, with the implication that they are merely a starting point for the negotiation. This can be dangerous if one party lacks the appropriate knowledge to properly challenge the valuation or does not have the opportunity to cross-examine the expert who prepared it.

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