Illinois Case Management Order-Mediation (CMO-M) is a court-ordered process in which a neutral third-party mediator assists parties in reaching a mutually acceptable resolution. CMO-M allows for parties to discuss their cases, evaluate risks, and explore potential solutions to their disputes. The mediator helps the parties identify issues, discuss their interests, and brainstorm creative solutions. CMO-M is a voluntary process, and the parties are free to accept or reject any proposed settlement. There are three types of CMO-M: Court-Ordered Mediation, Pre-Trial Mediation, and Post-Trial Mediation. Court-Ordered Mediation involves the parties and their attorneys attending a mediation session before the court hearing. Pre-Trial Mediation is conducted before trial in order to reach a potential settlement. Post-Trial Mediation is conducted after a trial in order to settle any remaining issues. CMO-M is a cost-effective alternative to traditional litigation, as well as a more efficient way to resolve disputes. It is designed to provide parties the opportunity to discuss their case and reach a settlement without the need for a trial.
Illinois Case Management Order-Mediation
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FAQ
Typically, the total cost of mediation ranges from about $3,000 to $8,000.
Don't raise your voice or say swear words during the process. Instead, work on regulating your own emotions. It's okay to express your emotions constructively, but too much anger during mediation can certainly get you in trouble.
If the parties leave a mediation in a worse position than when they arrived, that would be a failure. If the mediation process is not structured so as to allow people to get the information that they need to make an informed decision about whether to settle, that would be a failure.
Settling at a Case Management Conference Your settlement may be recorded as an agreement or as a final judgment of the court. If lawyers are involved, the judge may ask them to complete the necessary settlement documents. Court proceedings may be adjourned until the settlement is complete.
One or both parties are not willing to mediate/ negotiate. The dispute may be incapable of being negotiated. There may be extreme conflict and an imbalance of power between the parties which the mediator cannot redress. Where one or both parties feel coerced to attend.
(1) The mediator shall be impartial and independent of the parties. (2) The parties may agree that the mediator shall have specific qualifications or expertise. (1) There shall be one mediator or two co-mediators. Each mediator shall be appointed by agreement of the parties.
An impediment may include, but is not limited to: domestic violence or intimidation; substance abuse; child abuse; mental health; a cognitive impairment; or any other circumstance that prevents a party from negotiating safely, competently, and in good faith.
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.