Can Mediation Work In A High-Conflict Illinois Divorce?

Posted by Erin Birt | Jun 02, 2016 | 0 Comments

Divorce itself is difficult enough. Add animosity and lack of cooperation into the picture and the process becomes lengthy, expensive, and sometimes emotionally destructive.

From a Huffington Post article by Conflict Resolution Specialist Elizabeth Esrey, here are some facts about high-conflict divorce and some tips to survive the challenges it brings.


A high-conflict divorce is the most expensive way to separate from your spouse, mostly because of the on-going litigation that results from one or both parties' unwillingness to compromise or openly discuss issues. Full-scale divorce litigation averages almost $78,000.

This type of divorce also has a documented history of violence associated with it. “Family courts pit couples against each other – especially in high conflict divorce cases,” notes Esrey, and she cites several examples of people who shot their spouses because of hostile child custody and visitation battles.

Fortunately, there are ways to prevent outright tragedy in the divorce process.


Even though the conflicts may at first seem insurmountable, a skilled collaborative law attorney or mediator can help even antagonistic parties to work together toward positive outcomes for everyone involved.

It's almost like hostage negotiations, according to Esrey. The negotiator (mediator) listens actively, treats all parties with respect, and keeps working at the process to produce the best possible results.

“Judges and lawyers typically don't deal with the emotional aspects of divorce. Mediators help couples navigate the divorce process and reach agreements that are less expensive, more lasting and customized.” And both legal and non-legal issues can be put on the table in mediation.


You always have a choice in how you will handle your side of the divorce process despite what is going on around you. Even if your spouse is not willing to participate, having a mediator in your camp shows that you want to bring respect and dignity to the divorce proceedings and you understand how divorce mediation can beat litigation in resolving difficult issues.

No matter what kind of divorce you're experiencing, I can help you find positive outcomes through mediation. Contact mefor more information.

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About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.


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