Divorce mediation is an alternative dispute resolution process in which a neutral third-party mediator helps divorcing spouses reach agreement on issues in their case. The mediator does not make decisions for the parties but facilitates communication and negotiation.
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In family law cases, the most commonly used service (outside of the hiring of legal counsel in this process) is mediation; perhaps the most attractive aspect of mediation is that it can be tailored to suit the needs of each individual dispute. The mediator can play a low-key and conciliatory role or take on a more proactive role by making suggestions and probing for convergent interests.
At WARD FAMILY LAW, LLC, we can guide you through the process as the neutral, third-party mediator; mediation is often employed after it becomes apparent that direct negotiation between adversaries will not resolve the dispute efficiently. However, anyone contemplating mediation must also consider the need to secure guidance from legal counsel, as parties are oftentimes not aware of what their rights and responsibilities are, much less what the current laws and trends are in regard to assets, liabilities, maintenance, child support, parental allocation and have difficultly navigating the mediation process without the simultaneous guidance of legal counsel.
Talk with a Chicago family law attorney about your situation.
What is Mediation?
Mediation is a confidential process where a neutral third party (the mediator) assists the parties in reaching an agreement regarding any unresolved or contested issues in their case. The mediator’s fundamental role is to facilitate a conversation between the parties and ultimately come to a mutually agreeable resolution of some or all of the issues by:
- Assisting the parties in identifying the issues that they hope to resolve through mediation;
- Facilitating communication in an effort to reduce misunderstanding between the parties;
- Identifying and clarifying each party’s interests, goals, and priorities; and
- Brainstorming and exploring possible solutions to the issues addressed in mediation, with the goal of satisfying the interests and goals of both parties and their child(ren).
Mediation for domestic relations cases in Cook County, Illinois, is governed by Cook County Circuit Court Rule 13.4:
Pursuant to Illinois Supreme Court Rules, mediation is required in any case where the allocation of parental responsibilities (either parenting time or decision-making), relocation, or other child-related issues (except child support) are in dispute. Parents may agree to a private mediator or utilize the court’s mediation services, or the court may appoint a mediator from an approved list of local mediators. In Cook County, parents are referred to Family Mediation Services for mediation if they cannot agree.
Mediation may also be utilized for non-child-related issues (such as disagreements over how debts and assets will be divided or maintenance), either by agreement of the parties or by court order. If the parties cannot agree on a mediator to assist in resolving these types of issues, the court will appoint a mediator from an approved list of mediators. Contact WARD FAMILY LAW, LLC, today to learn more about mediation services.
Frequently Asked Questions
How does mediation differ from a contested divorce in court?
In a contested divorce a judge makes the final decisions on disputed issues. In mediation the parties themselves make decisions with the mediator's help. Mediation is typically faster, less expensive, more private, and less adversarial than litigation.
Is mediation required in Illinois divorce cases?
Illinois courts often encourage or require mediation for contested parenting issues before scheduling trial. For financial and property issues, mediation may be ordered by the court or pursued voluntarily. Even when not required, mediation is frequently a cost-effective first step.
What issues can be resolved through mediation in Illinois?
Mediation can address property division, spousal maintenance, child custody and parenting time, child support, allocation of marital debts, and post-decree modification matters.
Who pays for divorce mediation in Illinois?
The cost of mediation is typically shared between the parties. Court-ordered mediation may be available at a lower cost. Private mediators charge hourly rates that vary depending on experience and complexity.
Can I have my attorney present during mediation?
Yes. You have the right to have your attorney present during mediation sessions. Even if your attorney is not physically present, have them review any proposed agreement before you sign it. Mediation agreements become legally binding once signed and approved by the court.
Is mediation appropriate if there is a history of domestic violence?
Mediation may not be appropriate where there is domestic violence, coercion, or significant power imbalance between the parties. These dynamics can prevent one party from negotiating freely. Discuss this with your attorney before pursuing mediation.
Are mediation sessions confidential in Illinois?
Yes. Illinois law protects the confidentiality of mediation communications. Statements made during mediation generally cannot be used as evidence in court proceedings, encouraging parties to speak openly during negotiation.
What happens if we cannot reach agreement through mediation?
If mediation is unsuccessful, the parties can still pursue the case through traditional litigation. Time spent in mediation is not wasted — it often narrows the issues in dispute and helps both parties better understand each other's position.
What should I do to prepare for divorce mediation?
Gather all relevant financial documents, understand your priorities and non-negotiables, consult with your attorney about your legal rights and realistic expectations, and approach the process with a willingness to compromise.
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