Mediation is a form of alternative dispute resolution (ADR) in which a neutral third party aims to foster cooperative discussions to help parties resolve one or more matters held in dispute between them. Mediation is commonly used in civil cases of various kinds, but under the right circumstances it can be especially valuable in family law matters. Divorce mediation in particular is a common way for spouses seeking to part ways to pursue a resolution to some or all of the matters that must be decided in their divorce outside the formal litigation process. The judges presiding over domestic relations cases in Illinois recognize the many potential benefits of divorce mediation, and in the Chicago area they frequently refer divorce cases to the mediation services established under Local Court Rule 13.4. To learn more about the benefits of divorce mediation, or to discuss your preparation for an upcoming divorce mediation session, consider scheduling a consultation with an experienced Chicago divorce lawyer at Johnson O’Keefe. Call (312) 319-4444 to connect with a member of our staff.
Is Divorce Mediation Mandatory in Illinois?
There can be a number of reasons why couples who appreciate the potential benefits of divorce mediation may decide to pursue private mediation on their own initiative. In certain circumstances, however, Illinois spouses may not have a choice in whether they attend divorce mediation. The Circuit Court of Cook County explains that mediation is typically mandatory in some types of family law cases, such as divorces involving child custody determinations.
This requirement is in keeping with a tendency of courts handling family law cases throughout the state to require mediation in matters involving the care of children more generally. However, even if you and your ex have no children together, a Cook County judge may still order you to attend divorce mediation if it appears that there is a reasonable chance that the divorce mediation process might yield a resolution to some or all of the matters to be decided in the divorce.
Why Do Courts Require Divorce Mediation?
While it is not unusual for individuals going through the legal process of getting a divorce in Illinois to feel frustrated with the judge overseeing their case, the truth is that the Illinois family courts are tasked with the enormous responsibility of devising fair outcomes in complex situations. the judges who preside over family law matters in this state are aware of the immense significance of the responsibility they hold, and most of them quickly learn from experience that when divorcing spouses are able to reach their own agreement regarding how any particular issue in their divorce is to be resolved, both parties are more likely to perceive the result as fair, more likely to be satisfied with the decision’s impact on their lives, and less likely to file additional motions or petitions to challenge the point.
Judges are only obligated to ensure decisions that comply with state laws and the court rules that apply in their jurisdictions – not to make one or both spouses happy. In general, however, family judges do aim to encourage solutions that reduce the emotional and financial burden of the divorce process on each of the parties involved, as well as those that reduce the administrative burden on often crowded court dockets. Divorce mediation has a proven track record in dispute resolution, and it can often be especially valuable in domestic relations cases because the mediation process tends to reduce hostility, lower tensions, and encourage parties to identify their own priorities and areas of flexibility in order to find common ground for compromise.
Common Benefits of Divorce Mediation
The specific advantages or disadvantages of the divorce mediation process will differ from one situation to the next, and there can even be some situations in which you may wish to proactively request an exemption from the standard expectations of mediation. An experienced Chicago family law attorney with Johnson O’Keefe may be able to help you evaluate your options if you have concerns that the risks may outweigh the benefits of divorce mediation in your particular case. In general, however, there are a few reasons why divorce mediation remains a commonly-sought and commonly-recommended path toward resolving issues in an Illinois divorce.
Divorce Mediation Is Cost-Effective
One benefit of divorce mediation that many individuals going through the process often appreciate fairly quickly is that mediation is often significantly cheaper than traditional divorce litigation. While a joint simplified divorce is usually the cheapest way to get a divorce in Illinois, the joint simplified process is not available to all Illinois couples. As Illinois Legal Aid Online (ILAO) explains, not only married parents, but also spouses who share joint ownership of real estate or certain other assets whose division may raise complex issues, are barred from pursuing divorce under the joint simplified filing process. However, because many of the costs of divorce come from repeated filings – and attorney fees, where applicable – divorce mediation offers a framework whereby spouses can often limit their costs by reaching an agreement that makes a lengthier process, with multiple motions and hearings, unnecessary.
Divorce Mediation Saves Time
Domestic relations cases that go through mediation tend to achieve their final decisions faster than those that must proceed through litigation in court. Divorces decided through litigation are not uncommonly drawn out for months to years, as motions and responses and the hearings scheduled to address them add up over time. Couples who are able to reach agreement on all the required issues to be decided in their divorce in a single mediation session may be able to present the agreement to the court and receive a decree of divorce with only one or two court dates. Even if the couple is unable to resolve all issues, the total timeline for their divorce may often be reduced in proportion to the number of issues on which they are able to agree.
Divorce Mediation Protects Privacy
Court proceedings are, by their nature, a part of the public record. This fact, while important to the transparency Americans expect and demand from their government in all its branches, can impose additional stressors on already-struggling individuals going through the many changes in their personal lives that a divorce entails. Mediation, on the other hand, is a private process. Generally speaking, the discussions held during a mediation session remain confidential, known only to those who attend – generally, the spouses, their attorneys if they are working with professional legal representation, and of course the mediator. Couples vary widely in how important they consider the greater privacy afforded by mediation by comparison to court proceedings, but for individuals who prefer to resolve their personal matters far from the reach of prying eyes, the confidentiality of divorce mediation can be among its most compelling advantages.
Speak With a Chicago Divorce Lawyer
If you are contemplating divorce mediation in the greater Chicago area – or if you have been ordered to attend mediation by the judge in a Cook County court – you likely have a number of questions about the process. The good news is that there can be many benefits to divorce mediation, and often individuals who go through the divorce mediation process take the opportunity to shorten and simplify their divorce timeline by comparison to the likely calendar associated with traditional litigation. A conversation with a family law attorney in the Chicago area may help you to gain a better understanding of your legal options and what to expect. Call (312) 319-4444 to schedule a consultation with a member of the Johnson O’Keefe team.