Kane County Divorce Mediation Lawyers

Family Law Mediator Attorneys Serving Geneva, St. Charles, and Elgin

McSwain Rapp Law, LLC is proud of the history of success built by our experienced litigators. We have handled the most complex and difficult divorces and family law disputes with skill, tenacity, and an unwavering commitment to our clients inside the courtroom. However, we are fully aware that litigation and a trial are not always the most appropriate way to reach a resolution in a divorce or family-related legal matter. In fact, most such cases can be resolved by bringing the involved parties together in a process known as "mediation" so that they can cooperate in developing a workable settlement agreement.

Family Law and Divorce Mediation in DuPage County and Kendall County

Mediation is a dispute resolution method that can be used in virtually any civil law proceeding, and the process may differ slightly depending on the type of case in question. For family law matters, mediation involves both parties working with a neutral third party—called a mediator—to work on resolving any outstanding differences between the parties. In some situations, including disputes regarding parental responsibilities and parenting time, the court can order the parties to attempt mediation before allowing litigation to continue. In other cases, a couple may choose mediation voluntarily as a way of avoiding a time-consuming and expensive trial.

The third-party mediator is a crucial element of the mediation process. For court-ordered mediation, a mediator may be appointed by the court, or the parties may choose from a list of court-approved mediators. In voluntary mediation, the parties may choose any mediator they wish. Unlike a judge or an arbitrator, a mediator has no decision-making power, and he or she does not represent the interests of either party. Instead, the mediator is responsible for keeping the discussions between the parties open and focused on the questions at hand.

Mediation sessions can take several forms. The most common form is a direct, face-to-face conversation in the presence of the mediator. You and the other party may also choose to have your attorneys present. In some cases, however, the tension between the parties may be such that the "shuttle diplomacy" method becomes necessary. In mediation of this type, the two parties remain in separate rooms, often with their attorneys, while the mediator relays information, proposals, and counteroffers back and forth until a resolution is reached.

The Benefits of Mediation

McSwain Rapp Law, LLC realizes that mediation offers a number of potential advantages when compared to litigation. Perhaps the most important is that both parties get to play an active role in the development of the settlement agreement. Studies have long shown that spouses and parents who actively participate in the creation of a divorce settlement, parenting plan, or any other family-related agreement are more likely to follow the arrangement in the years that follow.

Mediation is also usually more convenient and less expensive than litigation is. You and the other party can schedule mediation sessions based on your needs instead of waiting for assigned court dates. A resolution can also be reached quickly in most mediated cases, which, in turn, could reduce the amount you will need to spend on court costs, attorneys' fees, and other related expenses.

Contact a Divorce Mediation Lawyer Today

Whether you are looking for an attorney to help you with your mediated divorce or you need a mediator to handle your case, contact our office. Call 630-581-2877 to discuss your situation in a free consultation with McSwain Rapp Law, LLC today. We serve clients in Kane County, DuPage County, Kendall County, and the surrounding areas.