What Are the Different Types of Mediation?

Alternative Dispute Resolution in Illinois

When going through a divorce, resolving child custody issues, or addressing other family law issues, determining how to resolve disputes and reach agreements that will preserve family relationships can be difficult. Litigating these issues in court is often the least preferable option, since it can be very expensive, it can cause a great deal of stress and other emotional issues, and cases may take months or years to resolve. However, resolving disputes through private negotiations may not necessarily be the best approach, especially if cooperation will be difficult. Fortunately, there is a third option: mediation.

There are two types of mediation that are often utilized in matters of family law. The first is court-ordered mediation, which typically involves parents involved in a dispute regarding child-related issues during a divorce or parentage action. The second type is voluntary or private mediation, where the couple contacts a third-party mediator directly to help develop a negotiated agreement. For those who may be considering mediation as they work to resolve family law disputes, understanding the options for using mediation to reach agreements will be important.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced attorneys understand the value of cooperation in a divorce or other matters involving your children. However, we also realize that working together in the midst of a divorce can be challenging. For some couples, mediation may provide a reasonable alternative to contentious courtroom litigation. In certain cases, mediation may even be ordered by the court to help facilitate an amicable resolution.

The Mediation Process

When a couple is ordered by a judge to use mediation to attempt to resolve their disputes, a mediator will be assigned to their case. Each party will usually have the chance to meet with the mediator on their own to discuss the case, raise any concerns they may have, and provide the mediator with an understanding of their goals and objectives. The parties will then sit down together with the mediator in one or more sessions where they will work to negotiate a settlement.

When an attorney provides mediation services, they will have knowledge of the laws that apply in a couple's case, and they can guide spouses or parents toward agreements that will be satisfactory to both parties. However, the mediator does not make any decisions about how issues will be handled. A couple will have complete control over the final decisions made, and once all issues have been resolved, they will be able to file their settlement in court.

Saving Time and Money

Even if mediation is not ordered by the court, it can still offer benefits to those who are able to put their differences aside in the interest of completing the legal process more efficiently. Mediation sessions are generally much more flexible than courtroom proceedings, and the parties can meet at their convenience. Those who utilize mediation are usually able to complete their proceedings faster and at a lower financial cost. Long-term studies also suggest that a negotiated agreement is often more stable than a judgment issued by the court, as both parties are more inclined to comply with an arrangement to which they directly contributed.

Contact Our Wheaton Family Law Mediation Lawyers

If you are considering a divorce and would like to learn more about the potential benefits of mediation, or if you have been ordered to attend mediation, we encourage you to contact our office. Call 630-665-7300 to schedule a confidential consultation at Mirabella, Kincaid, Frederick & Mirabella, LLC today. Our attorneys are proud to serve individuals and families in Wheaton, Naperville, Oak Brook, Downers Grove, and throughout DuPage County, as well as Kane County and Kendall County.

How to Prove Sexual Harassment at Work

What Do I Need to Prove Sexual Harassment at Work?

DuPage Attorneys Find Ways to Prove Your Harassment Happened

Workplace sexual harassment can be traumatic for victims, and it can create an environment in which people fear for their safety or experience discomfort and other emotional issues that may prevent them from doing their jobs effectively. While sexual harassment is illegal, and it should be addressed promptly as soon as it is reported to an employer, there are many situations where it is allowed to continue. Those who have experienced sexual harassment will need to understand what steps they can take to stop this behavior, address the harmful effects they have experienced, and protect the safety and well-being of themselves and others.

One of the most frustrating things about trying to prove sexual harassment at work is that there are usually no other people who witnessed the sexual harassment when it took place. Employees who report sexual harassment may not be believed by managers or human resources personnel, and in some cases, and company may even take actions to penalize or terminate a person who has made these types of reports. If you are in this situation, you may be able to file a lawsuit or take other legal action to force your employer to comply with the law and address the harm you have suffered. In order to gain traction in your sexual harassment lawsuit, you will need to find a way to prove the harassment occurred.

Proving Sexual Harassment

Most sexual harassment cases boil down to who has said what about an alleged situation. Most of the time, nothing can be solved when there are accusations from both parties. When two people make conflicting claims, a company may take the easiest route and decide that nothing needs to be done to remedy the situation. Therefore, you will need to prove that you did suffer sexual harassment from the other party. Most sexual harassers are repeat offenders, and they will try to harass you or others again if they believe they can get away with it. While you may focus on what can be done immediately to address the harassment you have experienced, the ultimate goal is to stop this individual from abusing you or other coworkers. Since it is likely that the offender will harass you or others again, be prepared. In some cases, our clients have been able to hide recording devices such as cell phones so that they can record any sexual harassment that may occur. It is not illegal to secretly record conversations as long as you were recording for your own protection and safety from harassment or other crimes. By catching the perpetrator on a recording, you may be able to seal your case for success in a sexual harassment lawsuit. Any other evidence you can find that will show that a person behaved inappropriately may help your case. You may want to save emails or other communications or get statements from any witnesses. Keeping a sexual harassment log can also benefit you, since it can confirm timelines for different incidents while also noting how you have been affected.

Contact Our DuPage County Workplace Sexual Harassment Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have had years of experience assisting clients as they work to prove that they are victims of sexual harassment. If you, or anyone you know, have any questions regarding workplace sexual harassment lawsuits, contact us at 630-665-7300 to schedule a consultation.

Hiring an Attorney for Sexual Harassment

How Much Does it Cost to Hire an Attorney to Represent Me Against My Employer for Sexual Harassment?

Kane County Lawyers Explain Most Cost-Effective Solutions for Sexual Harassment Lawsuits

If you have been subject to sexual harassment while at work, you will need to understand your legal options. Sexual harassment can affect you in many ways, ranging from emotional distress to the loss of your job. If your employer failed to take the correct actions after you reported sexual harassment, or if you were wrongfully terminated or experienced other penalties due to the harassment you experienced, you may be able to take legal action against your employer to address these issues.

If you or someone you know is considering hiring an attorney to file a lawsuit against your employer for sexual harassment, you should be aware of the potentially high bills some lawyers will try to charge. Allow us at Mirabella, Kincaid, Frederick & Mirabella, LLC to explain your pricing options. We will make sure you understand what steps will be followed during your case, and we will openly and honestly discuss the potential costs, the outcomes you can expect, and the best ways to protect your rights.

Hiring a Sexual Harassment Lawyer

If you are looking to find a lawyer for your sexual harassment case, we advise that you do not hire him or her on an hourly basis. This is an easy way for some untrustworthy attorneys to drain your bank account in the form of high hourly costs. At our firm, we represent victims of sexual harassment on a contingency basis.

If we accept your case, we will not charge you hourly fees that can cost you an astronomical amount. Instead, we will wait until we reach a settlement or resolution for your case. Once your lawsuit is over, we will take a percentage of the money that we were able to obtain on your behalf.

The compensation you may be able to receive through a sexual harassment lawsuit will be based on the unique circumstances of your case. If you were wrongfully terminated, demoted, or penalized following reports of sexual harassment, you may be compensated for the income you lost as a result of these illegal actions, as well as the loss of benefits or other ways you have been affected financially. You may also be able to receive compensation for the emotional trauma you have experienced as a result of being a victim of sexual harassment and being treated unfairly by your employer. It may also be possible to have you reinstated to your former position and ensure that you will receive the wages or salary you deserve based on your skills and experience.

Contact Our Wheaton Sexual Harassment Attorneys

If you have been quoted an outrageous price for hiring an attorney for a sexual harassment lawsuit, do not get discouraged. Allow us to look over your case and come up with an action plan that will be the most cost-effective for you. We have been helping clients in the West Chicagoland area for decades, and we always do our best to serve our clients with experience, honesty, and open communication. We will make sure you fully understand what costs will be involved in your case and what you can expect throughout the legal process. Please contact us at 630-665-7300 so we can schedule a consultation at our office.

What to Do if You Are Sexually Harassed by a Coworker

What to Do if You Are Sexually Harassed by a Co-worker

Wheaton County Sexual Harassment Claim Lawyers

Nobody should have to experience sexual harassment in the workplace. Unfortunately, people in many different industries experience harassment, which can affect their mental health, their personal safety, and their careers. Co-workers may make unwanted sexual advances or even threats, and in some cases, they may attempt to coerce a person into sexual activity by offering perks or benefits or threatening to punish them if they do not comply. In others, a co-worker's comments, jokes, violation of personal boundaries, or other words or actions may create a hostile work environment.

If you have been sexually harassed by a co-worker, the first action you must take is to disclose the harassment to your company's HR department and/or a manager or supervisor. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can explain why this is a crucial step in making sure you are protected from retaliation. We can advise you on what steps you should take to protect your rights and address any illegal actions taken by your employer, up to and including wrongful termination.

Reporting and Stopping Sexual Harassment

If you are a victim of sexual harassment from a co-worker, you must report it to your employer as soon as possible. Under Illinois law, if you do not file a report with your employer, that employer will not be liable for failing to protect you from the harassment. If your employer is unaware of the entire situation, he or she will be unable to effectively address the sexual harassment. This is why it is of the utmost importance that you follow your company's sexual harassment policy and report any harassment you experience from co-workers. It is also important to report sexual harassment that you have witnessed, even if you were not personally affected, because this will help prevent future harassment from occurring.

Another point to note is that for your employer to be able to assist you, they will need to investigate the allegations. Unfortunately, that means what you tell your employer about the harassment cannot be kept a complete secret. However, because you did go through the proper procedures and report the harassment, you will be fully protected under Illinois law from any form of retaliation for submitting a complaint. If you are unsure about what information you should provide to your employer or what steps you should take to protect your rights, our lawyers can advise you on how to proceed in these situations.

If your employer does not respond correctly to reports of sexual harassment, you may need to take legal action to protect your rights and address issues that have affected your career, your safety, or your emotional health. If your employer chose to fire or penalize you after you reported sexual harassment, you may be able to file a claim or lawsuit alleging employment discrimination or wrongful termination. Our attorneys can provide you with representation in these situations, helping you recover compensation for your financial losses or emotional trauma or ensuring that you will be reinstated to your former position.

Contact Our DuPage County Sexual Harassment Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that you are going through an emotional time as you respond to sexual harassment. You can trust that we have helped many victims of sexual harassment, and we can provide you with the best representation, ensuring that your rights and interests will be protected. If you have any questions about filing a sexual harassment lawsuit or claim, please contact us at 630-665-7300 to schedule your consultation. We serve clients in Glen Ellyn, Oak Brook, DuPage County, and throughout Illinois.