Do I Still Need an Attorney if We Divorce Using a Mediator? 

 Posted on September 13, 2022 in Divorce

Mediation as a means of resolving important issues in a divorce is an increasingly popular option. Indeed, judges these days often order divorcing couples to attempt to resolve their issues with the help of a mediator before allowing a case to proceed to litigation. In the vast majority of cases, a couple committed to resolving their divorce peacefully can resolve all of their issues in mediation, reach a satisfactory divorce settlement and move forward with their lives. 

However, despite being an inherently less adversarial process than a litigated divorce, mediation is not without its risks. One risk is that sometimes spouses who aim to reach a resolution in mediation may be willing to give up certain property and parental rights, resulting in a seriously negative outcome for them in the future. Having an attorney can help you avoid these possible errors and other potential pitfalls of mediation. 

Having the Right Lawyer

While having an attorney throughout the divorce process is important, it is equally important to have the right attorney. Not just any attorney will do. Some attorneys specialize in adversarial divorce litigation and will not be truly committed to helping you resolve your issues amicably. Other attorneys do not offer customized divorce representation and instead prefer to offer one-size-fits-all packages at set costs. 

Neither of these approaches will work to your advantage if you are working with a mediator. Instead, you need an attorney who is flexible, experienced and committed to helping you obtain the best possible outcome without pushing you in a direction you do not want to go. The right attorney will be available to provide as-needed consultations while taking time to listen to your concerns and answering any questions you may have. 

What Questions Should I Ask An Attorney Before Hiring Them? 

By carefully interviewing attorneys during your initial consultations, you can get a sense of whether that attorney is the right fit for your divorce. Consider asking attorneys the following questions: 

• Have you ever worked with couples seeking mediation? If so, how did the process go and what was the outcome?; 

• What do you think the benefits and drawbacks of mediation can be?; 

• What is your fee structure?; and, 

• What would you do if I was considering a settlement and you thought I could do better? 

These questions are open-ended and will reveal much about how the attorney feels about the mediation process. Look for a customer service-oriented attorney with repeat customer referrals, and always check an attorney’s ratings online before moving forward. 

Contact an Oak Park Divorce Attorney

At Law Office of Vincent C. Machroli, P.C., we are prepared to represent you to the best of our abilities whether you pursue mediation or a more aggressive divorce strategy. We have worked with several hundred divorcing couples since 1988 and will do what it takes to help you avoid costly, time-consuming court litigation. Make sure you have sound legal advice throughout your divorce and always work toward a favorable settlement by calling our Hillside, IL divorce attorney at 708-449-7404. We offer free, confidential consultations so you can meet our team and learn more about how we would handle your divorce case.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000