Wheaton, Illinois Mediation and Collaborative Law Attorneys
Lawyers for Collaborative Law and Mediation in DuPage County
Mediation is a positive cost efficient alternative to litigation. It is designed to help the participants reach an agreement in a cooperative and rational manner, as well as minimizing the anger, which can escalate when people are tied-up in the Court system.
With the cooperation of both people, mediation can be used as a powerful tool to preserve the families' financial resources, and more importantly, to keep families out of litigating in the Court system. Mediation also aids parties in re-establishing their communication skills, which ultimately allows parties to take charge of their lives and the decisions affecting their respective futures.
Mediation is a confidential process. During mediation, parties develop a plan to best serve their futures. Mediation is intended to supplement the litigation system.. In Mediation, parties are treated as cooperative adults who are restructuring their lives. The Mediator acts as a neutral facilitator. The mediator's role includes: assisting parties in identifying parenting issues; assisting parties in problem solving; assisting parties in exploring alternative solutions; as well as assisting parties to reach an agreement.
The issues may be as monumental as joint versus sole custody or as minor as which party will retain the washing machine and dryer from the marital residence.
Court Ordered Mediation
Court Ordered Mediation is a 3-hour confidential process. During mediation, parents develop a parenting plan to best serve the family's future, and most importantly serve the best interests of the children.
Court Ordered Mediation is intended to supplement the litigation process, which sometimes casts parties as opponents and creates an adversarial relationship. In Court Ordered Mediation, participants are treated as cooperative adults who are restructuring their lives and the lives of their children.
In some cases whether a litigant is represented by a lawyer or represents his/her own interests, voluntary mediation may prove helpful. As with Court Ordered Mediation, voluntary mediation is used as a supplement to the litigation process to assist participants in coming to an amicable resolution for whatever issue they may be facing. The participants may take as many hours as may be necessary to resolve their differences and, as always, it is a confidential process.
Do I still need an attorney?
The Mediator in no way replaces your attorney. If the parties intend to hire counsel, the parties are strongly encouraged to meet with their respective attorneys prior to the first mediation session.
Joseph F. Mirabella is a certified mediator. He brings a wealth of experience, both personal and professional, to his mediation cases. Licensed to practice law in 1963 and concentrating his practice in the area of family law for more than 50 years, he is a highly qualified mediator. While a majority of Mr. Mirabella's mediation cases are by court appointment, he also receives referrals from other family law practitioners and from pro se litigants choosing the mediation process. Joseph Mirabella's proven success record in mediation cases makes him a logical choice for appointment or referral.
COLLABORATIVE FAMILY LAW
What is Collaborative Family Law?
“Collaborative Family Law” is the shared belief by all participants that it is in the best interests of participants and their families in typical family law matters to voluntarily commit themselves to avoiding adversarial proceedings. This conflict resolution process, which does not rely on a court-imposed resolution, but relies on an atmosphere of honesty, cooperation, integrity and professionalism, is geared toward the future well being of the family. The goals are to maximize settlement options for the benefit of all participants, to increase the abilities of the participants to communicate in a post-divorce relationship, and to minimize, if not eliminate, the negative economic, social and emotional consequences of adversarial court proceedings to the participants and their families. In committing to the Collaborative Law process, the participants agree to seek a better way to resolve difference justly and equitably, and strive for shared solutions and self-determination to resolve the issues surrounding the dissolution of marriage.
The Attorney's Role
The attorney's role is to provide an organized framework that will facilitate and assist participants in reaching agreements. The attorneys will help the participants communicate with each other, identify issues, collect and help interpret data, locate experts, ask questions, make observations, suggest options, help the participants express their goals, interest, and feelings. Further, the attorney will check the workability of proposed solutions, and prepare and file all required documents to finalize the matter in court.
In resolving issues about sharing the enjoyment of and responsibility for children, the participants, attorneys, and other experts shall make every reasonable effort to reach amicable solutions that promote the best interest of the children. The Participants agree to act quickly to mediate and resolve all differences related to the children in a manner that will promote a caring, loving and involved relationship between the children and each parent.
Certified Collaborative Family Law Practitioner
Lynn M. Mirabella is a certified Collaborative Family Law practitioner. Licensed to practice in 1987, Ms. Mirabella is a former county prosecutor who now almost entirely devotes her practice to family law.
Contact an experienced mediator or collaborative family law practitioner at our firm, Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300.
Collaborative and mediation Law attorneys serving the western suburbs of Chicago, Illinois, including Wheaton, Naperville, Oak Brook and St. Charles; and throughout DuPage County, Will County and Kendall County.