If you are thinking of mediating during your divorce, I often recommend it — but that was the topic of a previous post. During this article, I will explain what mediation is in the context of divorce disputes. I will also provide some procedural details from Lake County and Cook County, IL. This is general information, not legal advice. You would need to look at the specifics of your situation to know how to proceed in any legal matter.
What Is Mediation?
There is an Illinois Supreme Court rule that either requires or allows mediation at certain points during divorce, most commonly to help develop the non-economic aspects of parenting plans. Each circuit court has its own rules, which complement the state mandate.
You could also use a mediator voluntarily at almost any point in your divorce. Using this proactive tactic to address concerns usually enables you to include nuance and personalization in your agreement by avoiding standardized court decisions.
Who Pays for Mediators?
In Chicago and throughout Cook County, the courts may refer you to mediators employed by the County to help settle disputes on certain aspects of parenting plans. You would not have to pay for these mediators in Cook County. The court orders these services and provides them free of charge. It bears mentioning you could usually appoint a paid substitute to the pro-bono appointee.
In Lake County, the 19th Circuit also has mandatory mediation for all non-economic issues regarding children, such as child custody. However, in most cases, you would have to pay in this jurisdiction. The official order may include payment details in its mediation assignments. For example, it could require you and your spouse to each pay half of the fee.
If you are using voluntary mediation, you may want to take a cue from the court. Specifically, you might find it beneficial to agree with your spouse about payment, ahead of time and in writing.
How Does Mediation Work in Illinois?
The courts typically require mediators to only cover the specific issues: Those listed in the official order. Voluntary mediation is similar. For example, you may hire someone for help with developing a parenting plan in advance of your first official divorce meeting.
Which Issues Are Good for Mediation?
Custody disputes are probably the most practical occasions for professional mediation. However, if you and your spouse see good results from a mediator with one of your parenting issues, it would make sense to apply the same technique to any conflicts that may follow, such as finances. This usually reduces stress, accelerates the process and increases the likelihood both of you will be satisfied with the eventual outcome of your divorce.
Contact Me
Before, during or after your court-ordered parenting mediation, or independent of it entirely, you may want to pursue voluntary discussions for property division or other complex issues. If your aim is to have a win-win divorce, engaging a mediator to help you navigate difficult conversations is almost always a sound strategy.
Call (312) 621-5234 to schedule a consultation.
