Illinois Order for Civil Mediation is a procedure for resolving civil disputes that is used in Illinois courts. The process is designed to facilitate a resolution without the need for a trial. It involves a neutral third-party mediator who assists the parties in reaching a mutual agreement. The process is voluntary and the parties must agree to be bound by the results. The Illinois Order for Civil Mediation includes three types of mediation: court-ordered mediation, private mediation, and summary settlement conferences. Court-ordered mediation is initiated by a judge and is the most formal type of mediation. Private mediation is initiated by parties and is less formal than court-ordered mediation. Summary settlement conferences are initiated by the parties and are the least formal type of mediation. The Illinois Order for Civil Mediation is an effective way to resolve civil disputes without the need for a trial. It is an alternative to the traditional court system that allows the parties to reach an agreement more quickly and with less expense.
Illinois Order for Civil Mediation
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FAQ
The Mandatory Mediation Plan is designed to provide quicker, less expensive, and potentially more satisfying alternatives to continuing litigation, without impairing the quality of justice or the right to trial.
All of the circuit courts in Illinois have mandatory mediation programs for cases involving 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.
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.
As a general matter, divorce mediation is not required in Illinois. If you and your spouse can come to terms independently, you are free to do so.
The mediator will usually want to see each of you on your own before any joint mediation sessions can take place. If you don't respond or decline mediation without a good reason, you will usually have to explain why you declined mediation to the judge, if your case subsequently goes to court.
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.
If you decline the invitation to mediation and the case goes to court, the judge or magistrates are quite likely to ask you why you did not attend mediation. If you do not have a good reason for declining, it could reflect badly on you at court.
Am I required to participate in mediation? No. Civil mediation is an entirely voluntary process.
