Know Your Rights Before You Go to Mediation

Getting a divorce means heightened emotions and a whole lot of legal work. Though some divorces can be uncontested, have some items that are contested. A contested divorce means that there are issues that the two parties cannot agree on.

Mediation is a tool that can be used when there are contested or disputed issues that are not resolved. Frequently, these issues are related to children.

Before you jump into mediation, you should know your rights and what a court is likely to do. 

At Diamond Legal, located in McHenry, Illinois, we can help you prepare for matters that need to go to mediation.

Mediation in a Divorce

A mediation in a divorce process is when a trained mediator helps you and your spouse try to come to an agreement on disputed issues like property distribution, spousal payments, and parenting time.

The parties attorneys are usually not present for the actual mediation process. That is why it is a good idea to be properly coached before you go in.

Normally, Illinois does not require parties to first attempt mediation when filing for a divorce. However, mediation is required if there are contested issues relating to children.

Mediation can be used to:

• Define the issues you need to work out
• Facilitate communication between you and your spouse
• Assist you in negotiating mutually agreeable solutions with your spouse

Voluntary Mediation Vs. Court Ordered Mediation

Mediation may be ordered by the court or may be initiated voluntarily by the parties at any stage of their case, even before filing for divorce.

The results of mediation are a recommendation for settlement not a binding final decision. If both parties agree to the decision, it can become binding and final.

All of the circuit courts in Illinois have mandatory mediation programs for cases involving contested child custody or visitation issues. However, parties can be excused from mediation if the court determines that an impediment to mediation exists, such as domestic violence or a non-cooperative party. 

‍For cases in which mediation is mandatory, Illinois Supreme Court Rule 923 requires that an initial case-management conference be held within 90 days of the service of the petition or complaint.

If the parties are not in agreement regarding a parenting plan at the time of the initial case management conference, the court may schedule the case for mediation. 

Some of the requirements may vary but usually involve:

• A minimum number of mediation sessions
• A time period required for each session
• How impediments to mediation and exceptions are to be handled
• Provisions for confidentiality

Retain A Divorce Lawyer

Having a divorce attorney can help with the mediation process.

If a mediator is making recommendations and asking whether or not you agree on something, having a lawyer by your side to give you advice can be essential. Your attorney understands the fine points of your case and what you want and need to accomplish in mediation.

Before mediation, it is a good idea to have your lawyer review with you the matters going into mediation. They can advise you of guidelines, when applicable, and likely rulings of the court on various matters such as:

• What guidelines a court may use in matters relating to child support or maintenance;
• How to divide marital property and non-marital property;
• How to distribute assets; 
• Valuation of the property, including pensions, IRAs, other deferred compensation, valuation of a business and other assets, etc.

Additional Things To Keep in Mind

Keep in mind that the mediator meets with both parties and tries to resolve or make recommendations on contested issues. In some cases, parties may ask mediators to consider all issues.

The mediator can make recommendations and, if requested, can draft proposed agreements. However, the mediator does not represent you or the other party. Instead, they are there to see if an agreement can be reached.

It’s always recommended to talk to your lawyer before you begin mediation, so you know what to expect and have some idea of your rights.

Contact Diamond Legal

Keep in mind that the mediator meets with both parties and tries to resolve or make recommendations on contested issues. In some cases, parties may ask mediators to consider all issues.

The mediator can make recommendations and, if requested, can draft proposed agreements. However, the mediator does not represent you or the other party. Instead, they are there to see if an agreement can be reached.

It’s always recommended to talk to your lawyer before you begin mediation, so you know what to expect and have some idea of your rights.

DISCLAIMER: Any information contained herein is solely for informational purposes. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.