St. Charles Mediation Lawyers

Experienced Mediation Attorneys Resolving Family, Estate, and Civil Disputes in St. Charles, Illinois

Not every legal dispute has to be decided by a judge. Mediation will allow you and the other side to work out terms with help from a neutral person called a mediator. It is usually faster and cheaper than litigating a case in court, and it keeps the outcome in your hands rather than a stranger's. At A. Traub & Associates, we handle family law mediation along with estate and civil disputes.

Mediation will involve more than casual conversations. What you agree to will become a binding court order. At A. Traub & Associates, our St. Charles mediation lawyers can help you prepare for the process, protect your interests during negotiations, and turn a fair agreement into an enforceable one. More than 150 satisfied clients have given us five-star reviews because of our commitment to families in Kane County.

Types of Disputes That Can Be Mediated in Illinois

Mediation is not limited to one area of law. Mediation is often used for family court cases, and it can help resolve other civil matters as well. The disputes we mediate include:

• The terms of a divorce, including ownership of a house, the division of retirement accounts or debts, and spousal maintenance
• Child custody, including decision-making authority and parenting time
• Child support and how added costs such as child care will be shared
• Disagreements among siblings or other heirs about estate planning issues
• Conflicts over a guardianship, including who should serve and how visits and care decisions will work among family members
• Business and contract disputes, property and boundary disagreements, and other civil claims

The mediator does not decide any of these questions. Instead, they will help both sides talk through their disagreements and look for solutions that each party will be willing to accept.

When Illinois Courts May Require Mediation

Specific rules regarding mediation will often be followed in Illinois family courts. When parents cannot agree on a parenting plan, a Kane County judge will likely order them to use mediation. In many cases, mediation is required under state law unless the court finds that there is a reason mediation will not work. Domestic violence, substance abuse, or mental health concerns may all qualify as reasons to waive the mediation requirement.

In general, courts in Kane County will require family mediation as parents address issues involving children. Mediation may not be required when addressing divorce-related issues such as property division and spousal support. However, a couple may agree on their own to use mediation to negotiate a divorce settlement and address the issues involved in their case.

Outside of family law cases, mediation may be voluntary or court-ordered. In Kane County, judges can send certain civil, probate, and other disputes to mediation when this may be a way to resolve a case without a trial.

Confidentiality Protects What You Say in Mediation

Illinois law shields most communications made during mediation from being used in court later. The purpose is to let both sides speak openly without worrying that their statements could be used against them if the case goes to a hearing.

That protection is not absolute. It can be waived in certain situations, and its scope is usually spelled out in a written agreement signed by the parties before mediation begins. It is important to read that document with your lawyer and understand how issues related to mediation will be handled.

Turning a Mediated Agreement Into a Binding Order

If mediation ends in an agreement, the terms will be put in writing. Court approval will still be required, and a judge may review the terms of an agreement to ensure that it is legally valid and is not unfair or unconscionable. Once a judge approves an agreement and issues a court order, the terms of the settlement will be binding for both parties.

In a divorce, financial terms can be addressed in a settlement agreement, while parenting terms will be covered by a parenting plan. Once the court approves the agreement and includes it in a court order, those terms can be enforced.

When Mediation May Not Be the Right Tool

Mediation works when both sides are willing to bargain honestly, with neither side holding most or all of the power. If one party hides assets, or if the relationship between the parties makes open discussions impossible, or if one party believes that they are unsafe due to intimidation or threats of violence, mediation is much less likely to produce a workable result.

Contact Our St. Charles, IL Mediation Attorneys

At A. Traub & Associates, we can prepare you for mediation the way we would prepare you for a hearing, ensuring that you understand your rights and the best options for resolving disputes. We can also serve as mediators and work with parties in a variety of legal disputes to negotiate agreements. Contact our St. Charles, Illinois mediation lawyers at 630-426-0196 to discuss whether mediation will be an ideal solution for resolving your dispute.