Mediation in Divorce: What Issues Must be Mediated?

Mediation in Divorce and Family Cases

In most Illinois counties, if the parents cannot agree on the issues of parental responsibilities or decision making, custody, or parenting time (or other non-financial issues), the Court will Order the parties to attend mediation prior to proceeding to a contested hearing on their issues in dispute.  This serves two main purposes:  encourage discussion and possible settlement, and also to deter court action over relatively minor disputes.  If the parents must attend (and pay) a licensed mediator prior to bringing the matter before the Judge, usually only serious and major disputes will remain unresolved.  Mediation may be waived by the Court for good cause and is not required if impediments exist such as: domestic violence, mental illness, cognitive impairment, drug use, alcohol use, prescription medication use, physical impairment, fraud, duress or undue influence.

If you are unsure whether your dispute is subject to mandatory mediation, contact our experienced divorce and family law attorneys.  We are available to meet either in person at our Lombard or Plainfield offices or on the phone at any time.

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Will County Bar Association
DuPage County Bar Association