Content adapted from the 19th Judicial Circuit Court of Illinois and the Illinois Court Mediation team.
Good to know
Mediation, explained.
What is mediation?
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.
What is family court mediation?
By local court rule, parties to contested custody and visitation cases are often referred to mediation to attempt to negotiate a settlement before their case goes to trial. Parties may also agree to submit financial issues to the mediation process.
What is a parenting plan?
A parenting plan is a written agreement developed by the parties (often with the assistance of a mediator) that addresses parental responsibility allocation, parenting time, and related decision-making for their children.
Who are the mediators in court-ordered mediation?
Mediators are trained professionals who have completed courses in mediation and family issues. They may be attorneys or mental health professionals, and in our case, hold professional mediation certification.
How is the mediator chosen for my case?
When a case is referred to mediation, a mediator is selected either by agreement of the parties or, if the parties cannot agree, based on the circumstances of the case, a mediator may be appointed by the court.
What happens in mediation?
Typically, everyone meets together in a private setting — whether in person or via secure video. Each party has the opportunity to speak about what is important to them and to hear the other side. The mediator does not decide who is right or wrong — the parties decide the outcome, and the mediator facilitates the discussion. Sessions are confidential
Who needs to be there?
All parties with decision-making authority need to be present — either in the room or logged into the secure remote video session.
What if one of the parties refuses to attend mediation?
In court-ordered matters, a party’s refusal to attend without good cause may result in the court entering a contempt order. In private mediation, both parties must voluntarily agree to participate.
How long will it take?
Many mediations last two to four hours. Some cases may require more than one session.
What are the benefits of mediation?
There is no agreement unless both parties agree — you do not give up control of your dispute. Mediation is generally less expensive than litigation, confidential, faster than waiting for a trial, and tends to preserve relationships and produce lasting agreements because the parties create them together.
Does the mediator make recommendations to the court?
No. Mediation is a confidential process. The mediator does not report to the court what happens in mediation unless the parties reach a signed written agreement.
Who pays for mediation?
The parties pay the cost of mediation. In court-ordered cases, the court may allocate costs between the parties. In cases of indigence or hardship, the court may order mediation for a reduced or no fee.
How much does mediation cost?
Our mediation sessions are $800 flat for up to four hours, including prep work, document drafting, and signature collection — whether conducted in person or remotely via secure video. Additional time beyond four hours is billed at $150 per hour. Payment is due at the time of the session. See our Pricing & Process page for full details.
Is there a fee waiver available if I can't afford the cost of mediation?
Yes. A court-approved fee waiver may be available to cover some or all of the mediation fees based on financial need. Waivers must be applied for and approved by the judge assigned to your case before mediation can be scheduled. If you believe you may qualify, contact the circuit clerk’s office in your county for the waiver application process, and let us know once a decision has been made so we can proceed with scheduling.
Are there cases not appropriate for mediation?
Matters involving physical or psychological abuse, or an extreme imbalance in bargaining power, sophistication, or knowledge between the parties, are generally not suited to mediation.
Do I need a lawyer to go to mediation?
You do not need a lawyer. If substantial legal issues are involved, it is best to consult a lawyer about your legal rights before mediation. Mediators cannot give legal advice, but you are welcome to bring your attorney to a session.
What makes a mediation successful?
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 and share their own point of view.
What do I need to bring with me to mediation?
Bring any documents that will help the other side understand your point of view, and come prepared to explain your perspective fully. Since mediators do not give legal advice, come prepared with any legal information or advice relevant to your case.
We've done mediation in the past — can we go again?
Yes. Parties may return to mediation at any time to revisit or update a prior agreement, or to resolve a new dispute.
What if my case is not resolved in mediation?
You do not give up any other options by trying mediation. You may still pursue other alternatives such as court proceedings or arbitration.
Can my spouse and I go to mediation without a court referral?
Yes. At any time — even before a case is filed — parties may agree to attempt to resolve their dispute through mediation. No court order is required to enter into private mediation.
Where is the mediation session?
In-person sessions are held at 2101 Windish Drive, Galesburg, IL 61401, unless other arrangements are made. Sessions can also take place remotely via secure video meeting, based on what works best for both parties.
What counties in Illinois does Illinois Court Mediation serve?
In-person sessions are held at 2101 Windish Drive, Galesburg, IL 61401, unless other arrangements are made. Sessions can also take place remotely via secure video meeting, based on what works best for both parties.
Do you assist with eviction mediation?
Yes. We specialize in eviction mediation for landlords and tenants who wish to reach an agreement before completing the eviction process.
Is a parenting class required if mediation produces an agreement before I file for divorce?
Requirements vary by county and case type. If your matter has not yet been filed with the court, parenting class requirements triggered by a court filing typically do not yet apply — however, once a case is filed, your county’s local rules will determine whether a parenting class is required. Ask your mediator or the circuit clerk’s office in your county for guidance specific to your case.
What's the difference between private mediation and court-ordered mediation?
Private mediation is voluntary and can happen at any time, even before a case is filed — it is well suited to those seeking an amicable divorce mediation, business dispute resolution, or eviction resolution outside of court. Court-ordered mediation is mandated by a judge after a case has already been filed, typically in family and parenting matters.
Do I have to come to your office, or can mediation be done remotely?
Mediation can be conducted entirely remotely via secure video meeting, or in person in Galesburg, IL — whichever works best for both parties. Remote mediation carries the same structure, confidentiality, and legal weight as an in-person session, and is available to clients anywhere in Illinois — or outside the state.
Is remote mediation a good option if the other party and I live far apart or can't meet in person?
Yes. Remote mediation via secure video is especially useful when parties are separated by geographic distance, living in different states, or simply cannot be physically in the same room together. It provides the same confidential, structured process as an in-person session.
How do I find a private mediator?
The Mediation Council of Illinois maintains a website with valuable information about choosing a private mediator. You can also contact us directly to see if our services are a fit for your dispute.
Ready when you are
Still have a question?
Reach us directly — call, text, or email. We’re happy to help you decide whether mediation is right for your situation.
