Arlington Heights Divorce Mediation Attorneys

Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.

Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.

Frequently Asked Questions

How is mediation different from going to court for a divorce in Arlington Heights?

In mediation, the two of you make the decisions with a neutral mediator’s help. In court, a judge decides whatever you cannot settle. Mediation is not always optional, though. In Cook County, disputes over parenting go to mediation unless the court finds an impediment.^[1] A judge can also send financial issues to mediation, even over an objection.^[2] Either way, a mediated agreement generally is not binding until it is in writing, signed by both of you, found not unconscionable, and approved by the court.

Who can serve as a mediator in a Cook County divorce?

It depends on the kind of mediation. If the dispute is about parenting and the two of you cannot agree on a mediator, the court sends you to its own Family Court Services, which mediates at no charge. Mediators on Cook County’s court-certified list hold an Illinois license as an attorney, psychologist, social worker, or marriage and family therapist, have at least three years of experience in that profession, complete a court-approved 40-hour mediation training program, and take domestic violence screening training after they are approved.^[3] Mediators the court assigns to financial issues must be Illinois-licensed attorneys. If you and your spouse agree on a private mediator, that person does not have to come from the court’s list.

Whoever you consider, ask whether they are court-certified and how much of their practice is family mediation, and ask us the same question about any Sterling attorney who would serve as your mediator. One more thing to know: an attorney who mediates for the two of you cannot later represent either of you in the same divorce unless you both give informed consent.^[4]

Is what we say in mediation confidential?

In a later court case, largely yes. Under the Illinois Uniform Mediation Act, mediation communications are privileged, so as a general rule they cannot be obtained in discovery or used as evidence.^[5] Documents that would be discoverable anyway, like bank statements, do not become protected just because you shared them in mediation.

Whether what you say stays private outside of court is a separate question. The Act makes mediation communications confidential only to the extent the parties agree or another law or court rule provides, so confidentiality terms belong in your written agreement to mediate. For mediation the court orders in Cook County, the court’s own rule makes the communications confidential. The privilege also has exceptions, including a signed agreement that comes out of the mediation, threats of bodily injury or a violent crime, communications used to plan or hide a crime, and certain evidence of abuse or neglect, and a mediator may report abuse or neglect to the public agency responsible for protecting against it.

How do we finish a mediated divorce in Cook County?

When you reach an agreement, the mediator confirms the terms in a written memorandum of understanding. From there, it gets turned into the documents the court will approve: a marital settlement agreement, a parenting plan if you have children, a support order when relevant, and a proposed judgment. In Cook County, an agreed case is finalized at an uncontested prove-up, either at the Rolling Meadows Courthouse, which serves the Third Municipal District, or at the Daley Center downtown.

Do I need my own attorney if we use a mediator?

You are not required to have one, but a neutral mediator does not represent you and cannot tell you whether a proposal is good for you. Your own attorney can review proposals between sessions, check the numbers, and read the final agreement before you sign it. That matters, because once the agreement becomes part of your judgment, its property terms cannot be modified later.^[6]