Naperville, IL family law attorney Jessica Defino discusses the pros and cons of choosing mediation in an Illinois divorce. She explains that mediation offers several advantages when it comes to divorce proceedings. One of the primary benefits is its cost-effectiveness, especially in cases where the parties have already discussed the division of property, have a prenuptial or post-nuptial agreement in place, or anticipate an easy divorce. In such situations, the parties may choose to jointly hire a mediator. A mediator is an unbiased professional who facilitates productive discussions and helps the parties reach an agreement. While they cannot provide legal advice, they can explain relevant laws and regulations if the parties have questions.

Mediation can be either voluntary or court-ordered. In some instances, when parties attend their initial court date for a divorce case, the judge may require them to undergo mediation. If the parties are already in agreement, the costs involved in mediation are significantly lower, as they only need one attorney to handle the process and finalize the agreement.

However, there are certain drawbacks to consider. Mediation may not be suitable for high-conflict cases, as the court typically tries to keep such families out of the mediation process. Additionally, if mediation fails to produce an agreement, the parties may have to bear the costs of both the mediator and their separate attorneys, which can be a financial burden. As a result, mediation is commonly utilized by parties who are either close to reaching an agreement or have already agreed upon a collaborative or amicable divorce approach.