Alternative Dispute Resolution in Illinois Divorces

 Posted on November 17,2022 in Divorce

Litigation in any divorce case can be an expensive and time-consuming process that most spouses want to avoid, but there are issues that may not be resolvable and require court intervention. Any person who is dealing with a particularly contentious divorce will want to be sure to contact a Rolling Meadows divorce attorney as soon as possible for help exploring all options for dispute resolution.

It is not uncommon for judges in some cases to order couples to seek alternative dispute resolution in their case, and the three forms of alternative dispute resolution used to resolve divorces in Illinois include arbitration, collaborative divorce, and mediation. There are major differences between all three of these models, so you should not assume one method is the same as the others.

Types of Alternative Dispute Resolution 

Arbitration is essentially a mini-trial presided over by a third party known as an arbitrator who hears evidence and renders a judgment. An arbitration decision can be final and binding, so it does not offer much flexibility.

Collaborative Divorce is a process in which people must sign a collaborative process participation agreement and be represented by lawyers. Both parties agree to try and resolve their issues outside a courtroom in a respectful manner and are represented by attorneys. A collaborative divorce will involve a series of meetings in which spouses attempt to come to agreement on numerous issues relating to the marriage, including child custody and property division. The decisions made during the collaborative process will focus less on rights and entitlements, but more on what each spouse needs and the best interests of any children. 

Mediation is perhaps the most popular method of alternative dispute resolution, and the process involves a third party known as a mediator who does not act as a judge. A mediator only assists both parties in reaching an agreement, but they do not render judgments on any contested issues. A mediation session can last several hours, and spouses may require multiple mediation sessions. Mediation is still capable of producing final agreements that can be delivered to courts for final approval.

When all alternative dispute resolution methods fail, spouses may have to turn to litigation. There is little doubt that litigation can be extremely stressful for spouses and can last several months, so there is usually a good faith effort to try and achieve a resolution through alternative dispute resolution first.

Contact a Rolling Meadows Divorce Attorney

If you are preparing to file for divorce and need help exploring alternative dispute resolution options, make sure to retain legal counsel. You can count on Law Offices of Donald J. Cosley to help you because our Arlington Heights child custody lawyer has nearly three decades of legal experience. You can call 847-253-3100 or contact us online to arrange a free initial consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59