How the Divorce Mediation Process Works in Illinois

 Posted on December 05, 2024 in Divorce

Divorce can be a tough and emotional process. Many couples fear they will end up airing their dirty laundry in front of a judge for all to see. Fortunately, mediation can help couples work through disagreements without the stress of going to court. In Illinois, judges often require couples in contested divorces to try mediation before the case can move forward to litigation. An Illinois divorce attorney can guide you through the mediation process and help you understand your rights.

What Is Divorce Mediation?

Divorce mediation is a process where a neutral person, called a mediator, helps divorcing spouses reach agreements on important issues like dividing property, parenting time, and support. The mediator does not make decisions but helps guide conversations so both sides can work toward a solution.

How Divorce Mediation Works in Illinois

The mediation process in Illinois generally follows these steps:

• Court Referral: In contested divorces, judges usually require couples to attend mediation for issues like child custody and parenting time. This is part of the Illinois Supreme Court Rules.

• Choosing a Mediator: Couples can pick a mediator, or the court can assign one. Mediators are family law attorneys or professionals trained in resolving conflicts.

• First Meeting: The mediator explains how mediation works, sets rules for discussions, and identifies the issues the couple needs to resolve.

• Negotiating Issues: The mediator helps the couple discuss their disagreements and explore ways to reach an agreement. Each spouse can also talk to their lawyer during or after sessions to make sure their rights are protected.

• Written Agreement: If the couple reaches an agreement, the mediator writes it down. The agreement can be reviewed by the spouses’ lawyers and submitted to the court for approval.

When Can Mediation Help? 

Mediation is a good option for couples who want to avoid court and have more control over the outcome of their divorce. Here are some examples of when mediation can be useful.

Example 1: Property Division

Talia and Mark own a home, two cars, and a vacation cabin. They cannot agree on how to split these assets. During mediation, they work with the mediator to divide the property fairly. Mark keeps the cabin, Anna keeps the home, and they sell one car to pay off shared debts. This agreement saves them the time and cost of a court trial.

Example 2: Parenting Time

Josh and Rafi cannot agree on a parenting schedule for their two children. Tom wants equal time, but Rafi is concerned about his long work hours. Through mediation, they create a plan that includes equal parenting time during vacations and a more flexible schedule during the school year. This agreement helps their children feel secure and avoids a custody battle.

Example 3: Spousal Support

Lisa and David disagree about spousal support. Lisa, a stay-at-home parent for 15 years, needs help transitioning back to work. David is worried about paying alimony for too long. In mediation, they agree on support for three years, giving Lisa time to find a stable job.

Benefits of Mediation

Mediation has many advantages:

• Lower Costs: Mediation is usually less expensive than going to court.

• Quicker Resolutions: Disputes are often resolved faster in mediation.

• More Control: Couples can make their own decisions instead of letting a judge decide.

• Less Stress: Mediation is less confrontational than a court trial, which helps reduce tension.

While mediation can be a helpful way to resolve disagreements, it is not the right option for every divorce. Mediation may not work well if there is a history of domestic violence, substance abuse, or serious power imbalances between the spouses.

For example, if one spouse feels intimidated or unable to speak openly during discussions, they may not be able to negotiate fairly. Additionally, if one spouse refuses to cooperate or engage in the process in good faith, mediation is unlikely to succeed. In these situations, it may be necessary to try to go straight to court to ensure a fair and legally binding resolution. An attorney can help you determine whether mediation is a good option for your circumstances.

Contact a Wheaton, IL Divorce Lawyer

If you are going through a divorce and need help with mediation, a DuPage County, IL divorce attorney at Andrew Cores Family Law Group can guide you through the process. Call Andrew Cores Family Law Group at 630-871-1002 today to learn more about how we can help protect your rights and support your family’s future in a free consultation.