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Kane County Divorce Mediation Lawyers

Kane County Family Mediation Lawyer

Attorneys Explain Role of Divorce Mediators in St. Charles and Geneva

If you and your (ex-)spouse are having difficulty discussing and compromising on one or more difficult issues in your divorce or in post-divorce matters of child custody, your attorney or the court might recommend mediation.

A mediator is a neutral third party trained to facilitate communication and resolve disputes. Both parties and their attorneys meet with the mediator in an informal, cooperative, and confidential setting. Mediation allows you to retain control of decisions about your divorce rather than putting those decisions in the hands of a judge.

At Weiler & Lengle P.C., we realize that by the time two people decide to divorce, communications between them are often strained. One or both parties may be carrying a lot of hurt or anger that makes compromise difficult. Disagreements can also arise long after a divorce has been finalized, as when one party wants to relocate.

As experienced divorce attorneys, we are skilled in handling these situations. We have helped hundreds of clients through divorces ranging from simple and amicable to complex and strenuously debated, including cases involving business owners, high-asset, high-income couples, and stay-at-home parents. When one party has a strong opinion on a particular issue, we may have to approach the issue several times in different ways-such as mediation-before we achieve a resolution.

When Is Mediation Recommended or Required in Kane County?

We can engage a mediator voluntarily when appropriate, or the court may require mediation in order to move your case along. Either way, we can provide you with legal advice before, during, and after each mediation session.

Required mediation: The Kane County family court can require mediation only on non-financial issues related to children, including physical care/custody, visitation/parenting time, and relocation.

Voluntary mediation: If both parties and their attorneys agree, we can address any topic in voluntary mediation including property division, maintenance, and discretionary child expenses.

When Is Mediation Not Recommended?

Mediation is not recommended and will not be required in cases involving:

  • Mental illness or cognitive impairment.
  • Domestic violence, child abuse, or intimidation.
  • Alcohol or drug use disorders.
  • Other situations where a party is not expected to behave in a manner conducive to the process, which requires honesty, self-control, and a good-faith effort.

What is the Process for Court-Ordered Mediation in Kane County?

The attorneys of Weiler & Lengle P.C. will represent you in all settlement conferences, court hearings, mediation sessions, and other proceedings related to your divorce. We have extensive experience with the judges and procedures in the Kane County family court system. A brief outline of the process follows.

  • If the judge handling your case believes that mediation could be useful to resolve one or more parenting issues, the court will issue a mediation order. The court will expect a report on the status of your mediation within 60 days of issuing the order.
  • You will first be required to complete a parent education program called Kids 1st. This program includes an online component that takes about an hour, followed by a classroom session that the parents attend separately.
  • You may choose your own mediator or the court will assign one from its list of approved mediators.
  • At the first session, the mediator will ask you to sign a written agreement that outlines the guidelines and expectations for the process and explain their fees. Mediators charge an hourly rate. You and your spouse will share the cost equally unless the court orders otherwise.
  • You are required to continue mediation until you reach resolve the issues at hand or until the mediator or the court terminate the process.
  • The mediator will supply a one-page report to the court documenting the parties' participation, dates of sessions, issues discussed, and any agreements reached. The mediator will also supply a written summary of any agreements to both attorneys and the court.

Divorce Mediation Lawyers Serving Kane County

Whether you enter mediation voluntarily or due to a court order, you can rely on the divorce and family law attorneys of Weiler & Lengle P.C. to safeguard your best interests. Contact us in our St. Charles office at 630-382-8050. We serve clients in Kane County including the communities of Batavia, Elgin, Geneva, Pingree Grove, and St. Charles.

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