Blog

Tag Archives: mediation

DuPage County mediatorsIf you are planning to divorce and you and your spouse share children, you will be asked to agree on a parenting plan as part of the divorce process. The parenting plan, or parenting agreement, describes each spouse’s rights and responsibilities, including scheduled parenting time. Reaching an agreement about the terms of the parenting plan is often a difficult task for divorcing couples. Mediation is one type of alternative dispute resolution that is often useful in resolving disagreements regarding child-related issues such as the allocation of parental responsibilities and parenting time.

Mediation Is Usually Less Expensive and Less Stressful Than Litigation

When a divorcing couple cannot reach an agreement about the terms of their divorce, the case may go to trial. Courtroom litigation can be an expensive and demanding process. Mediation is typically less traumatic for both parents and children, and considerably less expensive than litigation.

Mediation Allows Parents to Be in Control of Their Parenting Arrangement

If parents are able to reach an agreement regarding child custody through mediation, the parents themselves are the ones who will determine the allocation of parental responsibilities and parenting time. When parents are deeply involved in making the child custody decisions instead of the decisions being handed down by a judge, they may be less likely to violate the terms of the parenting plan in the future.

...
Continue reading

Wheaton divorce mediation lawyersWhen a married couple decides to end their marriage through divorce, there are many decisions which must be made. If the couple has children, schedules for child custody (technically called the allocation of parental responsibility) and visitation (parenting time) must be arranged. The couple will also need to decide how they will split their marital estate. Often, this involves deciding whether or not to sell the family home or assign it to one of the spouses. Couples must also decide how shared bank accounts, investments, vehicles, and valuables like jewelry or fine art should be divided.

Understandably, many divorcing couples struggle to communicate effectively about these issues. In these circumstances, divorce mediation can help facilitate communication between the spouses so they can arrive at an agreement.

Benefits of Mediation 

Most divorcing couples wish to avoid courtroom litigation. Not only is litigation expensive and time-consuming but it can also be an intimidating environment and lead to escalated hostility between the spouses. Mediation allows couples to meet with a mediator and discuss their concerns about various issues related to the divorce. A mediator does not make decisions for the couple, but instead he or she encourages an open dialogue between the parties which allows them to make decisions for themselves.

...
Continue reading

alternative dispute resolution, court ordered mediation, divorce mediation, DuPage County mediation law attorney, mediation, MKFM LawMediation is a part of a process known as alternative dispute resolution, which involves resolving issues outside of the courtroom. In child custody matters, mediation refers to a process where the parties to a divorce come together with a trained mediator to work out custody and visitation issues in their case. The mediator's role is one of a referee, facilitating communication between the parties as they work out the issues in their divorce, and how they would like to see them resolved. Mediators can either be appointed by the judge in the case, or agreed to by the parties. For divorces involving child custody/visitation issues in most counties, judges can and will order the parties to attend mediation through a Court Referred Divorce Mediation Program.

Court ordered mediation may be ordered in situations where the parties need to resolve issues of parental responsibility, custody, visitation, removal and access to children. In mediation, the parties can prioritize the needs of their children, explore their parental relationships, and come up with a parenting plan that works for the whole family. In order to further one potential goal of mediation, working out the child issues in a way that benefits all the parties, the parents are ordered to attend parenting classes. These classes can be very beneficial to parents, teaching them how to co-parent after the divorce.

Mediation May Not be the Best Option in Some Cases

...
Continue reading

divorce preparation, filing for divorce, Illinois divorce, Illinois divorce lawyer, Illinois divorce attorney

Regardless of how long you've been married or what caused things to break down, divorce is usually a very hard time for you and your family. Even though you may be anxious and eager to have the marriage officially ended as soon as possible, issues that can crop up during the divorce process can potentially slow things down, causing even more stress and anxiety for everyone involved. It is therefore wise to take some steps before you even file for divorce that will help eliminate some of these issues and complications. Helpful Steps to Take

Helpful Steps to Take Before Filing for Divorce

...
Continue reading

collaborative divorce, mediation, collaborative law, marriage, divorce, Illinois, DuPage County divorce lawyerMediation is a useful tool for all divorcing couples to help resolve issues related to the divorce outside of the courtroom. Mediation may have some added benefit, however, for Jewish women who are able to obtain a divorce in civil court, but who may be denied (by their husbands) a Jewish religious divorce , known as a “get.” According to the Huffington Post, this problem is becoming a crisis for Jewish women whose husbands refuse to allow a get. By utilizing mediation, however, women may be able to obtain both a civil and religious termination of their marriage. There are several reasons why the use of mediation may be a better alternative for women potentially facing this issue.

To start with, mediation can remove the potential for courtroom drama, which could cause an Orthodox religious man to feel embarrassed or that he is being treated unfairly (which could be reasons for denying a get). Additionally, instead of focusing on the civil litigation aspect of ending a marriage (which can cause anger, frustration, and resentment), mediation allows for the possibility of more creative solutions, tailored for the parties and created by them rather than by strangers. Having more control over life post-divorce through creative mediation settlements can also reduce some of the tension between a divorcing couple, allowing them to find more common ground. All of this could lead to a husband being more open to the idea of a get than by simply pursuing civil litigation alone.

Further, mediation puts women on a more even playing field with their husbands, as it is a neutral forum where each party has an equal voice. In cases with serious contentions over property or custody issues, refusing a get might be used as leverage by a husband. In mediation, however, because women have an equal voice and equal access to the neutral mediator, women may have a better chance of obtaining a fair outcome on those contested issues. Instead of each side strategizing against the other, couples are encouraged to work together and consider opportunities for compromise. And so, rather than inflaming the situation and having a husband dangle kids or money as leverage over a wife, mediation can help Jewish parties to minimize disputes and potentially work towards mutually agreed-upon provisions for a civil divorce as well as a religious get.

...
Continue reading

Recent Blog Posts

Archives

250 W. River Drive, Unit 2A
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

Make a Payment
© 2021 Mirabella, Kincaid, Frederick & Mirabella, LLC | 1737 South Naperville Road, Suite 100, Wheaton, IL 60189 | 630-665-7300
Kane County | Disclaimer Privacy Policy | Resources Sitemap
Take me to top
OVC, INC
Giving Back
Contact Us
Giving Back
Contact Us

In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree