Parties seeking to end their marriage have a choice to make the process either adversarial or cooperative. The adversarial or "litigated" divorce has greater economic and emotional costs associated with it. These costs result when the parties respective attorneys engage in lengthy formal discovery, file motions, argue with one another and go to court over how to divide your assets and allocate parenting responsibilities, all while billing you at costly hourly rates to do so. This adversarial process naturally creates animosity and further deteriorates the already strained relationship between the parties. This is particularly detrimental when the couple needs to communicate effectively post divorce in order to co-parent their children. With mediation, the parties are empowered to make decisions each knows they can live with. The legal fees associated with the divorce are reduced, and the process fosters civility so that the parties are better able to communicate post divorce to co-parent any children involved.

With over 20 years of litigation experience, Cotler Law LLC recognizes the emotional and financial toll that formal litigation can take upon the parties involved, particularly in the emotionally charged context of divorce. We know that mediation is in many cases a better alternative. As attorneys, we are well versed in the law and understand the Illinois statute applicable to dissolution of marriage and are able to bring that knowledge to the table to educate the parties to allow them to make informed decisions. In addition to being certified in general mediation, we hold additional certification in the subspecialty of divorce mediation.

In divorce mediation the parties work together in a spirit of cooperation to make joint decisions as to how to divide their assets and parenting responsibilities. The parties must be willing to attest to the full disclosure of all their assets and liabilities. Over the course of several weeks or months, the parties meet together with a mediator for sessions that can last for several hours at a time. The mediator does not represent either party but instead acts as a neutral third party to facilitate the parties' joint decision making. Cotler Law LLC encourages each party to retain their own attorney to advise them as to whether decisions being made throughout the mediation process are in their legal best interests. We have attorneys to whom we refer who are available for this purpose. In order for the parties to make informed decisions, business valuations, tax, estate planning and psychological considerations must often be examined. In order to thoroughly address these issues, Cotler Law LLC will occasionally bring in and partner with professional who offer expertise in these areas.

Once the parties have reached agreement, the mediator reduces the parties understanding to a document referred to as a "Memorandum of Understanding." If the parties reach agreement as to some but not all of the issues, the issues upon which agreement is reached shall be reduced to writing thereby reducing the scope of issues which need to be litigated. Since the court must approve all agreements between divorcing parties, the parties' respective counsel will take the Memorandum Of Understanding and incorporate its terms into formal court pleadings which are filed with the court. A short hearing is scheduled at which the divorce is finalized.