Court-Ordered Mediation in Illinois Custody Cases:

What You Need to Know

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If you're involved in a parenting dispute in Illinois, whether you're establishing an initial custody order or modifying an existing one; chances are you'll encounter court-ordered mediation.

 

Under Illinois law, mediation is not merely a suggestion; it is often a legal requirement designed to promote cooperation and reduce courtroom conflict.

 

When Is Mediation Required in Illinois Parenting Disputes?

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Illinois law mandates mediation for many disputes involving parental responsibilities. Section 750 ILCS 5/602.10(c) of the Illinois Marriage and Dissolution of Marriage Act provides: “The court shall order mediation to assist the parents in formulating or modifying a parenting plan or in implementing a parenting plan unless the court determines that impediments to mediation exist.”

 

In practical terms, if parents cannot agree on matters involving parenting time (formerly called "visitation") or decision-making authority (formerly known as "custody"), the court is required to refer the parties to mediation unless there's a compelling reason not to—such as domestic violence, substance abuse, or significant cognitive impairment.

 

Mediation and the Parenting Plan Requirement

 

Within 120 days of filing a petition for allocation of parental responsibilities, each parent is required to submit a proposed parenting plan. If the parents do not submit a joint plan—or if their individual plans are in conflict—the court must order mediation pursuant to 750 ILCS 5/602.10(c). This applies to initial parenting plans, modifications of existing orders, and issues concerning the implementation of an existing plan.

 

Financial Disputes Are Not Subject to Mandatory Mediation

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It is important to understand that Illinois courts do not require mediation for disputes involving child support, property division, spousal maintenance, or other financial issues. Mediation is strictly limited to parental responsibility issues. That means if your case also involves adjusting child support or dividing assets, those matters will proceed through negotiation or litigation, not mediation.

Local Rules and Mediation Procedures

 

Most Illinois counties have established local rules further governing the mediation process. For example most counties require mediation for:

• Initial determinations of parental responsibilities

• Modifications of existing parental responsibility orders

• Relocation of a child

• Requests for non-parent visitation

• Disputes involving third-party parental responsibilities

 

If family violence, harassment, or substance abuse is involved, the court may waive mediation to protect the safety of the parties and the child.

 

Lawyer's Secret: File First, Mediate Later

 

While many parenting judgments include a clause that says the parties must attempt mediation before filing to modify parenting time or responsibilities, there is a critical nuance that many litigants and even some lawyers often overlook. The mediator is not selected until the petition is filed and presented in court.

 

Therefore, if your parenting modification may also affect child support, it is in your interest to file the petition first. Child support modifications are only retroactive to the date the motion is filed, not to the date mediation begins. Filing early preserves your rights and ensures the court can immediately begin assigning the appropriate professionals, including the mediator.

 

Who Pays for Mediation?

 

Pursuant to 750 ILCS 5/501(e), the court has the discretion to allocate mediation costs equitably between the parties. Typically, costs are split 50/50, but the court can assign a different payment structure based on income disparities or other fairness considerations. Final cost allocations may also be adjusted at the conclusion of the case.

 

What If Mediation Fails?

 

Although mediation is designed to help parties resolve disputes outside of the courtroom, it doesn’t always lead to an agreement. In such cases, the matter proceeds to litigation. It's critical to work with a family law attorney who prepares for litigation while mediation is ongoing. That way, if negotiations stall, your case is not delayed.

 

Consult an Experienced Family Law Attorney

 

If you're facing a parenting dispute in Illinois, understanding the mediation process and your strategic options can make a substantial difference in both outcome and cost. At my office, I help clients navigate the mandatory mediation process while positioning their case for success in court, if needed.

 

Contact Paul D. Nordini today to schedule a consultation and better understand the Mediation process.  You can reach Mr. Nordini by calling (630) 416-6600.