Wheaton Mediation Attorneys

Lawyers for Mediation in Divorce, Child Custody, and Family Law Cases in Wheaton, IL

The issues involved in family law cases can sometimes be difficult to resolve. During a divorce, spouses may struggle to remain civil, and they may get caught up in arguments about the breakdown of their marriage. In child custody cases, parents may disagree about what is best for their children. When these disputes need to be addressed in the courtroom, they can be very costly and time-consuming, and neither party may be happy with the results. Fortunately, there are other methods of dispute resolution available, including mediation.

The attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC have extensive experience guiding clients through the mediation process. Whether acting as mediators or providing guidance for clients who will be using mediation, we work to achieve solutions that will meet a family's needs. We work to help our clients address and resolve complex legal issues while preserving important family relationships and maintaining financial stability.

Understanding the Mediation Process

Mediation is a method of dispute resolution in which the parties are encouraged to discuss their issues in a non-adversarial setting. The process is facilitated by a trained mediator who will assist the participants in exploring solutions and reaching agreements for how legal disputes may be resolved. Unlike courtroom litigation, in which a judge will make the final decisions, mediation places decision-making authority in the hands of the parties involved.

The mediator serves as a neutral third party. They will help the parties outline the legal and practical matters that must be resolved. During a divorce or family law case, these issues may include parenting time schedules, spousal maintenance arrangements, asset division, or related concerns. The mediator will facilitate discussions, helping the parties communicate effectively, identifying areas of agreement, and exploring options for resolving the outstanding issues.

Once the parties reach a consensus, the agreements made will be set down in a written settlement. Both parties can review this settlement and consult with their attorneys to make sure all outstanding legal issues have been addressed correctly. They can then file the settlement in court. Both parties must fully agree on all terms of the settlement.

Benefits of Mediation in Divorce and Family Law Cases

Mediation offers a variety of advantages, including:

• Increased Efficiency: Mediation often requires less time to resolve the issues involved in a family law case. The parties may meet with the mediator based on their own availability rather than waiting for available court dates. They may also be able to reduce the expenses required during their case.
• Reduced Stress: Mediation is meant to be cooperative. The mediator will work to ensure that the parties can discuss their concerns, and they will work to find solutions that will be satisfactory for everyone involved. This can help reduce the emotional strain involved in family law disputes.
• Preservation of Relationships: Mediation can help the parties maintain a respectful relationship with each other. This can help encourage positive co-parenting going forward.
• Customized Solutions: Because the parties retain control over the decisions made, they can develop agreements that will meet the specific needs of their family.
• Confidentiality: Mediation sessions are private, and anything discussed during the process is generally inadmissible in court. This encourages open dialogue and greater flexibility in exploring creative solutions.

Court-Ordered Mediation in Illinois

In some family law cases, judges may require the parties to participate in court-ordered mediation. This is typically a three-hour confidential session that will be facilitated by a court-approved mediator. In many cases, successful mediation can streamline the litigation process or eliminate the need for further court intervention entirely.

When parents participate in court-ordered mediation, the goal will be to develop a comprehensive parenting plan that reflects the best interests of their children. By encouraging cooperation rather than confrontation, court-ordered mediation allows parents to focus on their shared goals so that they can work together to raise their children.

Voluntary Mediation

Many people voluntarily choose to mediate their family law disputes. Voluntary mediation offers the same confidentiality, neutrality, and collaborative framework as court-ordered mediation, but it allows the participants to choose their mediator and determine the timing and scope of the sessions.

Voluntary mediation can be an effective way to resolve disputes related to property division, spousal support, parenting time, or other issues involved in divorce and child custody cases. Mediation may also be used to address modification requests by either party, plans by a parent to relocate, or other disputes that may arise.

Unlike court-ordered mediation, there is no fixed time limit for voluntary mediation sessions. The parties may take as much time as needed to explore their concerns, develop trust in the process, and reach a resolution.

Do I Still Need Legal Representation?

While mediators play a vital role in facilitating productive discussions and helping find solutions to disputes, they do not represent either party, and they cannot offer legal advice. For this reason, it is essential for each participant to retain their own attorney.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we provide representation for spouses, parents, or other parties who use mediation to resolve family law disputes. We will help our clients prepare for mediation by clarifying their objectives and explaining their rights, reviewing proposed agreements to ensure they are fair and enforceable, drafting or revising settlement documents, and ensuring that the correct procedures are followed when filing documents in court.

Certified Family Law Mediator

Lynn M. Mirabella is a certified mediator. She brings a wealth of experience, both personal and professional, to her mediation cases. She was licensed to practice law in 1987, and she has concentrated her practice in the area of family law for more than 30 years. While a majority of Ms. Mirabella's mediation cases are by court appointment, she also receives referrals from other family law practitioners and from pro se litigants choosing the mediation process. Lynn Mirabella's proven success record in mediation cases makes her a logical choice for appointment or referral.

Contact Our Wheaton, Illinois Mediation Lawyers

If you are considering mediation as a way to resolve disputes in your divorce or family law matter, reach out to Mirabella, Kincaid, Frederick & Mirabella, LLC to learn more about how we can help you. Whether providing mediation services or representing you during your case, we will work to ensure that you will be able to resolve your disputes effectively. Contact our Wheaton family law mediation attorneys at 630-665-7300 to arrange a consultation.