Kane County Mediation Attorney

Geneva Collaborative Law Lawyers

Divorce is not often thought of as a collaborative process - but it certainly can be. In the past, family law proceedings were often highly adversarial affairs, but Illinois seeks to change that. Mediation offers an amicable, low-conflict solution to family law conflicts like divorce. Parents with minor children may find that mediation is an invaluable tool for developing a parenting plan that works for everyone without exposing the children to conflict or to being involved in the litigation.

Divorce and child custody proceedings are uniquely personal. So many details come up that there are certain to be disagreements, even if both parties want to work with each other and come to an agreement. McSwain Nagle Giese & Rapp, P.C. is experienced in working with clients and their spouses during divorce proceedings to reach an agreement and file an uncontested divorce. While divorce is never easy, our team aims to make it easier through the use of mediation and collaborative law.

St. Charles Law Firm for Divorce Mediation

When spouses are able to agree to use mediation during their divorce, the entire process can be simplified. During mediation, you and your spouse work with a mediator to reach an agreement on every outstanding issue that is part of your divorce. With the mediator's help, you and your spouse will agree on issues like division of property and a parenting plan for your children. Unlike in traditional divorces, where each party is represented in negotiations by their own attorney, , the mediator acts as a neutral third party. The mediator cannot give you any legal advice and cannot make binding decisions for you.

Other benefits of divorce mediation include cost-effectiveness and confidentiality. Going through mediation and then filing an uncontested divorce costs less than litigation, and may be faster. While divorce proceedings in court are generally public, mediation can be kept confidential. McSwain Nagle Giese & Rapp, P.C. has the skills needed to mediate your divorce, even if you and your spouse are struggling to agree. If you want to avoid the hassle of a contested divorce through mediation, we can help.

Collaborative Law Can Facilitate Solutions

Collaborative law is an alternative to mediation that serves the same purpose of helping you and your spouse agree on a divorce settlement. Collaborative divorce requires you and your spouse, along with your lawyers, to sign agreements requiring open and honest collaboration. Third-party experts are often consulted when there is a complex financial situation to untangle. Other experts, like social workers who specialize in children's issues, may help to negotiate parenting plans.

Collaborative law is often a more complex process than mediation. It is generally used when there are financial complexities or serious disagreements about parenting, but the spouses are trying to avoid litigation. In collaborative divorce, you are still free to go to litigation if you fail to reach an agreement by the end of the process, but doing so may "reset" your divorce process. All involved attorneys will have to withdraw from the representation and you will need to start over with new counsel.

McSwain Nagle Giese & Rapp, P.C. always enters into collaborative divorce with the goal of reaching a settlement. We will protect your interests throughout the entire collaborative process, calling in experts where needed and advocating for you during any negotiations.

Contact a Geneva Mediation and Collaborative Law Attorney

If you believe that mediation or collaborative law might be the right solution for your divorce or parenting case, McSwain Nagle Giese & Rapp, P.C. is here to help. We are committed to helping clients bring about peaceful resolutions to their divorce. Contact us online or call 630-407-1200. We serve clients in Geneva, Batavia, St. Charles, Elgin, Sugar Grove, and Aurora.