Frequently Asked Questions
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Mediation is an informal way to resolve disputes outside of the formal legal system. The parties attempt to negotiate their own mutually acceptable voluntary settlement with the help of a neutral mediator.
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In Illinois, parties to contested custody and visitation cases are referred to mediation to attempt to negotiate a settlement of their dispute before their case goes to trial. The parties may also agree to submit financial issues to the mediation process.
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Parenting plans cover parenting time (regular/weekly schedule, holiday, and vacation), significant decision-making responsibilities, the Right of First Refusal, transportation and location of exchanges, and a lot about communication. Our mediators are there to walk you through it and provide information and suggestions to the extent necessary. If you don’t understand what all or some of those things are—no worries! I will be explaining everything during our mediation session, topic by topic.
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The mediators are trained professionals who have completed courses in mediation and family issues. They are approved by the Chief Judge of a Court District to assist the court in those counties. They may be either attorneys or mental health professionals.
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When a case is referred to mediation, the court appoints a mediator from the list of court approved mediators either by agreement of the parties or upon its own motion. If the parties cannot agree on the selection of the mediator, the court assigns a mediator based on the circumstances of your case.
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Usually everyone meets together in a private room. Each party gets to speak about what is important to that party, and to hear what is important to the other side. The mediator (or sometimes co-mediators) does not decide who is right or wrong. The parties decide the outcome. The mediator facilitates the discussion. The discussions are considered confidential.
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Mediation is for the parties only and the mediator. No children or other adults should be present in a mediation. Some attorneys may want to be present in the mediation, but generally, mediation is the petitioner, respondent, and mediator.
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Parties are referred to mediation by court order. If one of the parties fails to attend mediation without good cause, the court may enter a contempt order against that party.
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Many times mediation lasts only two to three hours. In some cases, the mediator may meet with the parties several times. When a case is referred for mediation, a court date is set for the parties to report to the court as to the status of the mediation. If the parties report that mediation has terminated unsuccessfully, the court will schedule dates for further court proceedings.
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There is no agreement unless both parties agree. You do not give up control of your dispute to someone else to decide.
Mediation is usually less expensive than litigation.
Mediation is confidential.Mediation is faster than waiting for a trial.
Mediation preserves relationships by improving communication.
Mediation tends to produce lasting agreements because the parties have produced them.
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Mediation is a confidential process. The mediator does not report to the court what happens in mediation unless the parties have reached a signed written agreement.
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The parties pay the cost of mediation, which the court will allocate among them. In cases of indigence or hardship, the court may order mediation for a reduced or no fee. Contact us today using our FREE ASSESSMENT tool to see if mediation is appropriate for your dispute.
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Court approved mediators are permitted to charge reasonable fees for their services according to their usual and customary charges. Parties are expected to pay for each mediation session at the beginning of the session. Some mediators may request the payment of an initial retainer to be applied against future charges.
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Family matters in which there is physical or psychological abuse are not suited to mediation. If there is an extreme imbalance in bargaining power, sophistication, or knowledge of the parties, mediation may not be appropriate.
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You do not need a lawyer. If there are substantial legal issues involved, it is best to consult a lawyer about what your legal rights are prior to coming to mediation. Mediators may or may not be lawyers, but in mediation, the mediator cannot give legal advice to the parties. You are entitled to bring your attorney to a mediation session if you wish.
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The parties should be willing to negotiate in good faith, and have some flexibility in how the matter is resolved. Each party should be willing to listen with an open mind to the other side, and to share his or her own point of view.
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You should be prepared to bring and show any documents that will help the other side to understand your point of view in the matter. You should also come prepared to explain your perspective fully. Since mediators do not give legal advice to either party, you should come prepared with legal advice or information about your case.
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Absolutely. Some parties need to modify agreements over time or as circumstances of life change.
If this is a modification of an existing parenting plan, during your session, we will review the entirety of your parenting plan regardless of the main issues so we can see if there is anything else that needs to be addressed or modified to better serve your child’s best interest.
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You do not give up any other options by trying mediation. You may still pursue other alternatives, such as court or arbitration. 85% of mediations end in full or partial agreement. The more agreements that parties can make together are decisions not made by the Court.
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At any time, even before a case is filed, parties may agree to attempt to resolve their dispute by attending mediation. They do not need a court order to enter into mediation.
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Our mediators offers in-person and remote Mediation sessions via Zoom or Google Meet. Times and locations of the mediation session will be agreed to by all parties prior to the mediation.
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For private and voluntary mediations, our mediators can serve anywhere in the United States.
For specifically court ordered mediation cases, our mediators are certified to serve in the 9th, 10th, and 14th Circuit Court Districts, including:
Fulton County
Hancock County
Henderson County
Henry County
Knox County
Marshall County
McDonough County
Mercer County
Peoria County
Putnam County
Rock Island County
Stark County
Tazwell County
Warren County
Whiteside County
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Yes, the Illinois Supreme Court requires landlords and tenants to meet in mediation prior to bringing their case to a court.
FAQ modified from
19th Judicial Circuit Court of Illinois