Family Law Mediation
Mediation in the context of family law
What is mediation?
Mediation is a process where parents and/or spouses meet with a neutral third party (the mediator) to attempt to resolve the issues in their case through negotiation and compromise. The mediator facilitates the process. He/She does not take sides or decide the outcome.
Why mediation?
The purpose of mediation is to keep families out of litigation which can be stressful and expensive. One benefit is that the parties have more control over the outcome of their case as opposed to litigation where the judge decides. Another benefit is that it can help to preserve civility between the parties who will need to work with each other for years to come if children are involved.
Is mediation required?
In Illinois, mediation is required when parents do not agree on decision-making and/or parenting time for their children. Additionally, many parenting plans require mediation before the plan can be modified. The parents must mediate the issues for up to four hours total. The mediation will end if parents reach an agreement before four hours or the mediator can terminate it if he/she feels agreement is not possible.
Parties can also voluntarily mediate financial issues. The issues may include support, division of assets, and division of debts.
Parties can do mediation before filing a case in court or afterwards.
Who pays for mediation?
The judge will decide who pays for mediation when it is court ordered. Otherwise, a parenting plan may address the cost or parties may agree on who will pay.
Please contact us if you are interested in mediation. Kelly Garrett-Hicks is a certified mediator. She conducts court appointed mediation for St. Clair and Monroe Counties. She also conducts voluntary mediations.
Content contained on this site is for informational purposes only and should not be considered legal advice. You should consult an attorney of your choosing to discuss your particular case and to obtain legal advice specific to your situation.