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BETH McCORMACKDiscreet Counsel for Complex Divorce

Collaborative Divorce and Mediation

Resolution reached at the table, on your terms.

Most divorces end in an agreement. The real question is how you get there, and how much of your privacy, your relationships, and your resources are spent along the way. Beth has guided clients through Collaborative Divorce and mediation for two decades, and she is a Collaborative Law Fellow of Collaborative Divorce Illinois.

Beth McCormack holding a mug that reads "A cup of peace"

Collaborative Divorce

A commitment to settle, made in writing.

In Collaborative Divorce, both spouses and their attorneys sign an agreement to resolve the matter without going to court. Illinois formally recognized the process in the Collaborative Process Act, which took effect January 1, 2018. If the process ends without an agreement, both collaborative attorneys step aside and cannot represent their clients in the litigation that follows. That commitment changes the conversation, because everyone at the table is invested in finding a solution.

The collaborative team can also include a financial neutral, a divorce coach or mental health professional, and a child specialist, each chosen for what the family needs.

Mediation

A neutral guide, with counsel at your side.

In mediation, a neutral mediator helps spouses negotiate their own agreement. Beth represents clients through mediation, preparing them for each session, advising them between sessions, and making sure any agreement reflects what they actually need. She also practices attorney-assisted mediation, in which counsel takes part in the sessions themselves. Beth typically takes part as counsel, and on occasion she accepts appointment as a mediator at a judge’s request.

Choosing a Process

Each path fits a different family.

Collaborative Divorce

Often fits when both spouses value privacy and a team approach, and are willing to commit to settlement from the start.

Mediation

Often fits when spouses can communicate directly and want a streamlined process with a neutral guide.

Litigation

Sometimes necessary when a spouse will not engage in good faith, information is being withheld, or safety is a concern. Beth is fully prepared to go to court when a matter requires it.

Many matters move between these paths. Beth helps clients choose the right one at the start, and change course if the situation changes.

Questions

What clients ask about resolving without court.

Can Collaborative Divorce work if we disagree about a lot?

Yes. Collaborative Divorce is designed for couples who disagree, but who agree on how they want to resolve their differences. What it requires is good faith, full financial disclosure, and a shared commitment to settle outside of court.

What happens if the collaborative process does not work?

The process ends, and both collaborative attorneys withdraw. Each spouse then hires new counsel for any court proceedings. That built-in consequence is part of what keeps everyone focused on reaching an agreement.

Do I still need my own attorney if we use a mediator?

Beth strongly recommends it. A mediator is neutral and cannot advise either spouse. Your own attorney makes sure you understand your rights, the value of what is being divided, and whether a proposed agreement truly serves you before you sign it.

These answers provide general information about Illinois law and are not legal advice. Reading them does not create an attorney-client relationship. Every matter depends on its specific facts.

“Goals and interests.Not positions.”
BETH McCORMACK

Find the path that fits your family.

One private conversation with Beth’s office is often enough to see which process suits your matter, and why.

Contacting Beth’s office does not create an attorney-client relationship. Representation is subject to conflicts checks and formal engagement procedures.