Hinsdale, Illinois Alternative Dispute Resolution Lawyers

Attorneys Helping to Resolve Disputes Through Mediation and Collaborative Law in Hinsdale

Billing and Fee Structures

We work to ensure that our fees are reasonable and affordable for all of our clients. To discuss our fee structures and learn about payment options, contact us at 630-665-7300.

Family law disputes can be emotionally challenging, and they can also be legally complex. Whether a case involves divorce, child custody, financial support arrangements, or decisions about property division, conflicts between the parties can be difficult to resolve. While litigation in court may be necessary in some cases, many families can benefit by using alternative dispute resolution (ADR) methods to resolve these issues. Mediation or collaborative divorce may provide more constructive and efficient ways to reach agreements while avoiding courtroom battles.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work with clients in Hinsdale to help them determine the most appropriate path for resolving their family law matters. Our thorough understanding of Illinois family law, our certifications in mediation and collaborative law, and our experience helping clients resolve issues effectively can help ensure that the right approach will be taken to resolve disputes. By taking the time to understand the goals and concerns of each client, we can help them make informed choices that will serve their immediate and long-term interests.

We make sure our clients understand the full range of legal options available. When ADR methods may be appropriate, we will help clients prepare thoroughly by identifying core priorities, developing negotiation strategies, and making sure they understand the procedures that will be followed. Our goal is to help clients resolve their disputes efficiently while preserving important relationships and minimizing emotional and financial costs. In addition to representing clients who use ADR methods, we provide mediation services, and our attorneys can serve as neutral mediators to help resolve family law disputes.

Understanding Collaborative Divorce

Collaborative divorce is a structured, non-adversarial process in which spouses can work together to resolve their legal, financial, and parenting issues outside of court. Each party will be represented by an attorney who has been trained and certified in collaborative law, and all parties will sign a participation agreement committing to open communication and mutual respect.

During the collaborative process, the spouses and their attorneys will work together to reach comprehensive agreements on the outstanding issues in a case. Depending on a family's situation and needs, neutral professionals such as financial advisors or mental health counselors may assist with the process, helping to address specific issues and provide guidance on how matters may be resolved. If either party decides to withdraw from the collaborative process and proceed to litigation, the collaborative attorneys must also withdraw, and both parties will be required to find new legal counsel to represent them.

A collaborative divorce can help a couple maintain privacy as they conduct negotiations. It will allow for flexibility as they work cooperatively to find creative solutions to disputes. When spouses are willing to engage in good-faith discussions and are motivated to resolve issues respectfully and amicably, collaborative divorce may help them complete their case quickly and efficiently.

Mediation in Family Law Cases

Mediation is often used in family law and divorce cases in Hinsdale and throughout Illinois. During mediation, the parties will work together with a neutral mediator who will help them communicate effectively as they discuss the issues in their case. Unlike a judge or arbitrator, the mediator will not issue binding decisions. Instead, they will facilitate productive dialogue and help the parties negotiate effectively as they work to reach decisions about how their outstanding issues will be resolved.

Mediation can be used to resolve a wide range of family law issues, including:

• Child Custody and Parenting Time: Parents can work together to develop parenting plans that will reflect the needs of their children while respecting the rights of both parents.
• Spousal Maintenance and Child Support: Couples can take steps to establish financial arrangements that meet the proper legal standards while protecting the financial interests of both parties.
• Division of Assets and Debts: A divorcing couple can negotiate agreements on how their marital property will be divided.

In some cases, mediation may be required by the court when the parties have reached an impasse in their negotiations. Mediation may be ordered in contested child custody cases to help parents find cooperative solutions that will encourage ongoing co-parenting. The parties in a case may also agree to voluntary mediation.

The agreements reached through mediation will only be legally binding if both parties fully agree on the terms of a settlement. This provides parties with full control over the outcome of a case. After a settlement is created, it can be filed in court. After the settlement is approved, it will become a legally binding court order.

Benefits of Alternative Dispute Resolution in Family Law Cases

Mediation or collaborative divorce can provide several meaningful advantages, not only for divorcing spouses or co-parents but also for other family members who may be impacted by the decisions made in a case. Some key benefits of ADR include:

• Cost-Effectiveness: These processes often result in lower legal fees and court costs.
• Time Savings: Disputes resolved through ADR can often be concluded more quickly than cases that proceed through the full court process.
• Control and Participation: ADR can ensure that both parties will be active participants in crafting solutions, and they will have full control over the outcome of their case.
• Improved Communication: ADR encourages constructive communication between the parties. This can be beneficial in situations where an ongoing relationship will be necessary, such as when co-parents will work together to raise their children.
• Emotional Well-Being: Reduced conflict can lead to less stress and a healthier emotional environment for everyone involved, especially children.

ADR may not be appropriate in every case. In situations involving domestic violence, extreme power imbalances, or a lack of willingness to participate in good faith, the parties may not benefit from trying to work cooperatively to reach agreements. However, many people can benefit from exploring these options before pursuing litigation.