Collaboration and divorce mediation Skokie Illinois are great alternatives to going to court, but it’s not for everyone. In some situations, there are trust issues that cannot be overcome and there can be too much emotional trauma. In addition, if someone is in an abusive relationship or is intimidated or fearful of their spouse, alternative dispute resolution would not work.
With collaborative divorce, you and your former partner work with collaborative divorce professionals to identify goals and concerns and negotiate a settlement agreement that works for everyone. With divorce mediation, you can reach a custom made agreement that is beneficial for everyone in your family with the help of a certified mediator. Both approaches are future focused and beneficial under the right circumstances. Contact RMG Family Law today to find out more about these processes at 847-868-9532.
For ADR to be effective, you have to be able to work together
There are some situations where alternative dispute resolution is not a good idea. If you are unable to work together and negotiate directly with your former partner, collaboration or mediation will probably not work.
During the collaborative process or mediation, you and your partner will work with selected professionals. You will begin by discussing any issues that have come out of the marriage and setting goals that you are working towards. These goals need to be beneficial for everyone involved and the meeting where you discuss and negotiate will focus on crafting solutions that allow you to meet those goals.
Neither your former partner, an attorney, nor a mediator can force you to utilize the collaborative process. Both parties must be willing participants and be open to sharing ideas and reaching agreements on all key issues. If you or your former partner are unable to communicate and collaborate effectively, then ADR may not be effective.
When there is too much emotional turmoil, it may be difficult to collaborate
Although Illinois is a no-fault divorce state, things can happen during a marriage that make it difficult to let go emotionally. For example, if one party had an extramarital affair, there may be lingering hurt feelings. If you have lasting anger or feel like you can’t look at your former partner without tearing up, it may be too difficult to be face to face in a series of meetings.
Under these circumstances, it may be better for you to engage in a more traditional process where your attorneys communicate and negotiate on your behalf. Rita Ghose has a lot of experience with collaboration and mediation Skokie Illinois. When you contact her office, she will listen to you and help you determine which approach is best for you.
ADR may not work if there is a power imbalance between you and your partner
When one person in the marriage has control over everything financial in the marriage, it causes a power imbalance in the relationship. In a situation like this, it is unlikely that the dominant partner will be willing to compromise or focus on an outcome that is beneficial to everyone. If your partner does any of the following, it may indicate a power imbalance and may reason to rule out ADR.
- Manages the bills
- Has sole access to bank, retirement, investment, or other accounts
- Decides on how money will be spent and the amount that will be spent on groceries, the house, recreational activities, or other necessities
- Is controlling of the finances
- Does not provide you any information on income and expenditures
- Lies about income, assets, or debt
for more information on collaboration and divorce mediation Skokie Illinois, Contact RMG Family Law
If you are considering collaboration or divorce mediation Skokie Illinois as an option to resolve your case, it is important to understand when it is a viable option. While there are many benefits associated with alternative dispute resolution, not all cases should be approached in this way. If your case involves a person who is resistant to the process, overly emotional about the divorce, or a person who has all the financial power, ADR may not be the best option.
It is important that you consult with an experienced attorney. At RMG Family Law, Rita Ghose will make sure to evaluate your case and help you determine the best approach to resolve your divorce.