The Modern Woman's Divorce Guide has a good overview on dispute resolution options in a divorce. It lists the possibilities as:
- Kitchen Table Negotiations,
- Divorce Mediators,
- Divorce Arbitration, and
- Litigation
The article takes note that not all states offer arbitration as an option in a divorce. Illinois is one of those states that do not offer arbitration in divorce proceedings.
ARBITRATION
Arbitration is when both parties agree to allow someone to make a binding decision on their case. Basically, the arbitrator plays the role of a judge. However, the process of arbitration is usually much less formal than a courtroom proceeding. Illinois law forbids arbitration in divorce proceedings because of the potentially disastrous consequences that a bad decision might have on the divorcing couple.
MEDIATION
Mediation seems to be the latest legal fashion. There are statistics to show that couples who mediate save tons of money. Although this might be true, these statistics are very unreliable. The statistics fluctuate between mediation saving you a few hundred dollars to saving you tens of thousands of dollars.
The statistics also fail to point out that couples who choose mediation tend to be less bitter and more willing to work things out between themselves. Regardless of whether they chose mediation or not, couples who consider mediation will likely end up paying a lot less for a divorce than a couple who cannot see themselves agreeing on anything.
So, what if a bitter and angry couple tried mediation? Well, a mediator lawyer often signs an agreement that they will not represent you in trial if the case does not settle. Thus, if you cannot settle, you will have to get a new attorney, pay them to get acquainted with the case and end up in court anyway. This will probably end up costing you a lot more than it would have cost you hire a regular divorce lawyer at the beginning of the proceeding.
LITIGATION
Having said all this, I think that a divorce lawyer with mediation experience can be very useful. I went through extensive training in mediation at Northwestern School of Law and what I learned about diffusing volatile situations and getting parties to understand each other has been very helpful in my practice of law. However, I find that the threat of going to trial often helps parties act more reasonable and reach a quicker agreement. The threat of litigation gives angry spouses the incentive to be reasonable since - if they behave unreasonably - a judge order them to do the right thing.
