Naperville, IL Alternative Dispute Resolution Attorneys

Lawyers for Mediation and Collaborative Law in Divorce and Family Law Cases in Naperville, Illinois

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 matters often involve high emotions, complex relationships, and decisions that affect the long-term well-being of parents, children, and extended family members. While courtroom litigation may be necessary in certain cases, it is not always the most effective or constructive way to resolve sensitive issues that affect families. For many people, alternative dispute resolution (ADR) can provide a more peaceful and cost-effective path toward addressing family law disputes.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work with clients in Naperville to resolve family law disputes outside of court through mediation, collaborative divorce, or other methods. We strive to ensure that families can reduce conflict, retain control over important decisions, and avoid the emotional and financial difficulties that may come with a courtroom battle. Whether you are navigating a divorce, developing a parenting plan, or addressing post-decree issues, our attorneys are prepared to help you explore peaceful and productive solutions.

The legal team at Mirabella, Kincaid, Frederick & Mirabella, LLC works closely with clients to determine whether alternative dispute resolution is appropriate for their situation. When representing our clients, we help them prepare for mediation or collaborative law sessions, ensuring that they understand their legal rights and responsibilities and guiding them through each step of the process. We also provide mediation services, serving as a neutral third party to help the parties involved in a dispute discuss issues productively. Our goal is to create a safe and supportive environment where parties can have constructive discussions and reach mutually acceptable agreements.

We assist with a wide range of family law issues, including divorce, child custody, parenting time, decision-making responsibilities, spousal maintenance, child support, and property division. In addition to assisting with negotiating agreements, we can help to formalize the terms of an agreement into a legal document that can be approved by the court.

The Benefits of Alternative Dispute Resolution

There are several key advantages to resolving family law matters outside of the courtroom, including:

• The parties will have more control over the outcome, and they will not be forced to accept decisions imposed by a judge.
• Families can maintain privacy and confidentiality as they work to resolve disputes.
• The legal expenses involved in a case may be lower when compared to prolonged litigation.
• Disputes can often be resolved more quickly and effectively.
• Family members can preserve relationships, which can be especially important for continued co-parenting of children.
• The process is often less stressful for the parties, their children, or other family members.

When Alternative Dispute Resolution May Be Beneficial

ADR methods can be especially useful in the following types of situations:

• Divorce cases where spouses want to end their marriage respectfully and maintain a functional co-parenting relationship
• Child custody cases where parents are working to create or modify parenting plans that will meet their children's evolving needs
• Divorces where the parties are seeking to resolve disputes over property division or financial support without damaging long-term family relationships
• Family law cases involving grandparents or other extended family members
• Divorce or child custody cases where couples want to avoid the public nature of courtroom battles

Understanding Mediation in Family Law Cases

When parties agree to participate in mediation, they will meet with a neutral mediator to discuss their disputes and explore options for resolution. The mediator will not make any decisions about how disputes may be resolved, but they will help to guide conversations, promote understanding, and offer suggested compromises.

During mediation, the mediator will help identify the issues that need to be resolved, and they will facilitate open communication between the parties. The goal will be to develop mutually agreeable solutions. Both parties must agree on all decisions that are made. Once agreements are reached on all outstanding issues, they can be drafted into a written settlement that will be submitted to the court for approval.

Divorcing spouses or parents involved in child custody cases may voluntarily agree to use mediation to address the issues in their case. In some cases, mediation may be required by the court to address contested issues before the matter can proceed to trial.

What Is Collaborative Divorce?

The parties involved in family law cases may work together to negotiate agreements. In some cases, they may use collaborative law, which provides a structured process for resolving disputes outside of court through a series of cooperative meetings. In a collaborative divorce, each party will be represented by an attorney who is trained in collaborative law. The parties and their attorneys will agree in writing to resolve the case without litigation.

During the collaborative divorce process, the parties may participate in joint meetings or other types of negotiations as they address legal, financial, and parenting concerns. Additional professionals, such as financial planners or child psychologists, may be brought in to assist with certain issues. The focus will be on transparency, communication, and problem-solving.

If the collaborative process is successful, a settlement agreement will be prepared that details all of the decisions made. This settlement will be submitted to the court to finalize the case. If a settlement cannot be reached, the attorneys representing the parties must withdraw from the case. This can help encourage cooperative problem-solving rather than adversarial disputes.

Collaborative divorce may be a beneficial option for couples who want to prioritize long-term cooperation and avoid protracted legal battles. It may be particularly helpful for parents who wish to avoid the adversarial nature of litigation and ensure that they will be able to focus on working together to provide for the well-being of their children.

When Alternative Dispute Resolution May Not Be the Right Fit

Although mediation and collaborative divorce can be highly effective, they may not be appropriate in every case. Alternative dispute resolution may not be suitable if:

• There is a history of domestic violence or other issues that have led to a significant power imbalance between the parties
• One or both parties are unwilling to cooperate or participate in negotiations in good faith
• A full financial disclosure cannot be obtained without court intervention because one or both spouses have concealed assets or refused to turn over information

In these types of situations, litigation may be necessary to ensure that a fair and legally enforceable outcome can be achieved. The attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can assess your situation and recommend the most appropriate path forward.