Illinois Divorce Mediation

Divorce mediation is both cost-effective and focuses on jointly resolving issues. The divorcing couple splits the cost of the mediator and the whole process focuses on creating a mutually agreed-upon plan. If this is something you’re interested in, keep reading–

Key Takeaways of Mediation

• Mediation is faster and cheaper.
• Mediation gives you more decision-making power.
• Mediation cannot finalize a divorce.
• Mediation is not for everyone.
• Mediators help both parties work through their legal issues and the legal process.
• Mediators cannot represent either party or provide legal advice.

What Divorce Mediation Means in Illinois

In Illinois, divorce mediation is a way for divorcing spouses to settle issues outside of the courtroom. Instead, a mediator facilitates communication and negotiations between divorcing parties.

The final goal of mediation is for both parties to reach a voluntary agreement on all divorce issues. The mediator also informs both parties of relevant laws along the way. They explain the laws and help parties come to an agreement, but they cannot favor one party over the other.

The mediator is a neutral third party, not your attorney. In fact, it is often helpful for each person to have an attorney to consult with outside of the mediation room. Mediation is best for people who want an easier divorce and think they can work with their spouse. If parties can’t agree in mediation, they go through the litigation process.

Mediation vs Litigation

Mediation is the opposite of litigation. Litigation is the standard court process where spouses and their attorneys go back and forth on every topic trying to get what they can from each other. For this reason, litigation is generally a longer and more contentious process.

If parties can’t agree after litigation, the judge decides for them. Mediation protects against having a judge decide your future.

Mediation vs Uncontested

An uncontested or cooperative divorce is when parties file together. It is uncontested because they already agree on everything and don’t need a mediator’s help.

Is Mediation Right for You?

Mediation is not for everyone. In mediation, you need to be able to work through issues and come to an agreement with the other party. This means that mediation is not good for couples that have an unbalanced power dynamic. For example, mediation is not a good idea when there has been any form of abuse.

The mediator will act as a buffer, but if a party needs extra support, the mediator cannot be their advocate. If you think you and your spouse can work together, there are benefits to choosing mediation.

The Pros of Mediation

• Cheaper – Mediation is cheaper because there are usually fewer fees, and parties split the cost of the mediator.
• Quicker – Any court process takes a long time, so needing the court less means a faster process. Plus, less fighting makes it go quicker.
• More Control – You decide how to resolve the issues, not a judge.
• Clarity – A mediator helps you through the process.
• Privacy – Discussions in mediation are privileged and confidential, unlike in litigation. Plus, there is a voluntary exchange of information.

The Cons of Mediation

• Hiding Assets – Hidden assets are harder to find because parties give each other information voluntarily.
• Fragile – Any party can back out of mediation at any time, causing you to lose money and time.
• Abuse – If the relationship is unhealthy, it can be easier for a spouse to get manipulated. Having an outside attorney helps protect against manipulation.
• No Licensure – Mediators do not need a license to practice mediation in Illinois. So, if you don't do your research, the mediator could be untrained.

Voluntary Mediation vs Court Ordered Mediation

Most family law cases include some form of mediation whether voluntary or court ordered. Voluntary mediation is mediation that you choose to do on your own, such as through Sterling Lawyers, LLC. Court ordered mediation is mediation that the court requires you to do.

The court requires mediation in many family law cases, such as cases that involve a child. In some cases, a judge will waive court ordered mediation. This only happens when there is a significant impairment to a party’s ability to participate. For example, the court won't make parties mediate if there is a history of abuse.

Even if you know you won’t agree on everything, mediation can still be beneficial. If you find anything to agree on, it helps your divorce end quicker. It is also important to know that you don’t have to agree to anything in mediation. Even within mediation, there are different approaches.

Other Types of Mediation

Different types of mediation are appropriate in different situations. If the divorce is relatively simple, you may only need standard mediation where it is just the mediator and the divorcing parties.

Another option is attorney-assisted mediation where each party has an attorney to help them. In this form, the attorneys attend each session and are directly involved. This is great for people who want more legal support since the mediator cannot give legal advice.

Another alternative dispute method available in Illinois is collaborative divorce. In collaborative divorce, each party’s attorney is specifically trained in the collaborative divorce process.

The Mediation Process

All successful mediations end by creating a Memorandum of Understanding. This document details how parties will address each of the divorce issues.

Issues Resolved in Mediation

Every mediation is unique because everyone’s situation is unique–some have additional children, some have additional property, and some have additional debt. It doesn’t matter what order you make your decisions in, but mediation must address every aspect of divorce:

• Property Division (Assets and Debts)
• Maintenance (Alimony)
• Parental Responsibilities (Custody)
• Parenting Time (Placement)
• Child Support
• Future Communication

Each issue needs to be addressed to its fullest extent. Some issues are harder than others, so some disagreements will occur. But that’s why the mediator is there.

Specifics on Mediation Sessions

Mediation sessions are private, only the divorcing parties and the mediator attend. Sessions can last between an hour or two hours or even longer. Some people prefer longer sessions to get it faster while others prefer shorter sessions to have more time to prepare.

Information to Prepare for Mediation

Each session will have a predetermined topic. A good mediator will tell you what you need for each session. But below is a list of some important information you will need throughout the sessions:

• Your Calendar
• Court Documents
• Contact Information
• List of Assets and Debts
• Financial Statements
• List of Personal Needs and Wants

Except for special situations, any information discussed in mediation is kept private.

Non-Confidential Information

Communication during mediation is privileged which means it cannot be used as evidence later in the case. However, there are types of non-confidential information, such as–

• ​​information within a signed agreement;
• information available under the Freedom of Information Act;
• a threat to inflict harm or to commit a crime;
• the planning of, attempt of, or concealment of a crime;
• proof of a mediator’s professional misconduct or malpractice; or
• information needed to prove or disprove abuse, neglect, abandonment, or exploitation.^[1]

Even if there is communication that is non-confidential for one of these reasons, the rest of the communication remains privileged.

Is a Mediated Agreement Binding?

A mediation agreement is enforceable after a judge approves it. It may be enforceable before a judge signs it, but it depends on the specific clauses in the agreement.

For example, there could be a provision requiring each party's attorney to review it first. The best thing to do is never sign an agreement you haven’t had your attorney review first.

Considerations