The DuPage County Divorce Courthouse

Recently, our attorney, Erin, attended the DuPage County Bar Association Alternative Dispute Resolution CLE featuring Hon. David E. Schwartz of the 18th Judicial Circuit. The central message was simple and powerful:

Most cases settle. And settlement often serves clients better than trial.

For many individuals facing divorce or family law litigation in DuPage County, the courtroom is unfamiliar and intimidating. Judge Schwartz emphasized that most people have never been inside a courtroom. They imagine something dramatic, emotional, and unpredictable. In reality, courtrooms are structured, disciplined, and focused strictly on applying the law.

Judges do not decide cases based on emotion. They analyze facts under statutes and case law. When litigants observe this firsthand, they often gain perspective and become more reasonable in settlement discussions.

Why Mediation Is Worth the Wait

In DuPage County, experienced mediators are often booked weeks or even months in advance. That can feel frustrating when you want resolution now. However, waiting for the right mediator is often worth it.

The CLE materials reinforced that settlement saves:

• Risk
• Time
• Cost
• Uncertainty

Mediation allows parties more time to explore options than a court call typically permits. It also allows for creative solutions that courts may not be able to impose. However, mediation only works if you enter in good faith. If someone walks into mediation saying, “I will not pay anything,” or “I will not compromise at all,” mediation becomes expensive posturing. That wastes time and money.

The better approach is preparation.

To maximize value, the CLE emphasized:

• Communication of strengths and weaknesses
• Proper timing
• Thorough preparation

If your case is not ready, do not mediate. For mediation to be helpful you must:

• Gather documents,
• Clarify financial positions,
• Understand parenting concerns,
• Know your realistic exposure.

When you are prepared, a mediator can use their expertise effectively. When you are not prepared, even the best mediator cannot help you reach resolution.

Is Your Case Worth Mediation?

Another practical point raised during the program: consider whether the issue you are mediating justifies the cost. If you are fighting over something valued at less than the cost of mediation, you may need to reassess. Strategic decision-making is part of responsible representation.

At Birt Family Law, Erin routinely walks clients through a cost-benefit analysis before mediation. Sometimes the best move is to mediate, sometimes it is to attend a pretrial conference, and sometimes it is to narrow the dispute first.

The Value of Pretrial Conferences

Judge Schwartz also discussed courthouse settlement conferences and pretrials.

A pretrial conference requires preparation. Judges expect:

• A settlement memorandum
• Organized records
• Clear settlement authority
• Realistic numbers

When done properly, a pretrial conference can significantly narrow or resolve a case. There is also psychological value. Seeing the courtroom removes the mystery. It reframes exaggerated fears. It shows litigants that cases are processed methodically, not emotionally.

Court should not be feared or misused as a threat. It is simply a system that applies the law.

A Practical Tool: Touring the DuPage Family Law Court

One idea that strongly aligns with the firm's practice philosophy is this:

If the unknown is driving fear, remove the unknown.

At Birt Family Law, we are exploring offering scheduled courthouse tours for clients. Spending limited time observing the DuPage Family Law courtroom can:

• Reduce anxiety
• Provide perspective
• Increase settlement reasonableness
• Improve mediation effectiveness
• Prepare clients if litigation becomes necessary

When you see that a judge is real, that cases are structured, and that decisions are grounded in law, it changes how you approach negotiation.

Be Ready Before You Walk In

Whether you pursue mediation or attend a pretrial conference, preparation matters. There is no advantage to going into mediation unprepared. If the case later returns to court, you will still need the same documentation and organization.

Prepared clients:

• Save money
• Negotiate effectively
• Reduce delays
• Increase resolution chances

Most cases settle. The question is whether they settle efficiently or after unnecessary expense.

If you are facing divorce or family law litigation in DuPage County, thoughtful preparation and strategic use of mediation or pretrial conferences can make the difference between prolonged conflict and structured resolution.

At Birt Family Law, our focus is negotiation, preparation, and resolution. If litigation becomes necessary, you should already be ready.

FAQ About Mediation from Attorney Questions

How should attorneys evaluate whether a mediator is the right fit?

Attorneys should consider:

• The mediator's familiarity with DuPage County practices
• Subject-matter experience in the specific issues presented
• Temperament and communication style
• Availability and scheduling
• Reputation for professionalism and preparation

A mediator's credibility and ability to manage personalities often matters as much as legal knowledge.

Will a judge recuse after conducting a pretrial?

Practices vary by judge and division. Some judges may not automatically recuse after conducting a pretrial conference. Attorneys should confirm current Law Division practices directly with the court. In the Domestic Relations Division, the judge conducting the pretrial conference will also conduct the trial.

When is joint mediation better than shuttle mediation?

Joint sessions can be beneficial when:

• The parties are capable of respectful dialogue
• Hearing each other may create perspective
• Emotional misunderstandings are driving the dispute

Shuttle mediation is often better when hostility is high or direct communication would derail progress.

How is a pretrial conference structured?

Typically:

• Plaintiff presents first
• Evidence is summarized rather than fully presented
• Settlement numbers are exchanged
• Parties with settlement authority must be available

The judge provides feedback based on law and likely outcomes. It is not a trial, but it is structured and strategic.

Erin has been a mediator for over two decades and often handles both private and court ordered mediation. Reach out for more information to inquire about her availability.