Illinois Divorce Mediation
Points discussed in Illinois Divorce Mediation
Cons of Illinois Divorce Mediation
A large number of mediators are not lawyers. These mediators concentrate on the psychological and emotional aspects of the case and fail to provide legal information or legal advice. It has been frequently observed that a majority of divorcing partners do not take guidance from a lawyer before meeting a mediator. These partners initially prepare a written copy of the agreement and then request their lawyer to review it. If the lawyer finds problems with this mediation agreement, then there are subsequent mediation sessions. If this process becomes repetitive, then there is possibility that the mediation may be derailed. Here, collaborative law comes into the picture.
Due to an unexpected breakup, it becomes difficult for the parties to keep their anger in control. In such circumstances, mediation is not recommended.
Sometimes the parties are reluctant to sit in the same room and discuss the final separation of the marital estate. In this case, mediation is not possible and the parties have to seek a professional counselor.
Why mediation is crucial?
Illinois Supreme Court Rule 905
The Supreme Court Rule 905 is related to Mediation and was rectified and made effective from 1st January 2007.
Paragraph a: If the case involves the visitation or child custody issues, every judicial circuit shall create a program to offer mediation.
Paragraph b: If the case is about dissolution of marriage and paternity cases about visitation or child custody issues, every judicial circuit shall create a program to offer mediation.
If the Court feels that there are circumstances which unreasonably interfere with the mediation process or which leave mediation inappropriate, then the parties may not be referred to mediation under both paragraphs a and b. Few of the impediments to mediation are as follows-
As a result of Rule 905, the number of courts in this state that needed mediation in child custody cases is increasing day by day. In several cases, child custody disputes were referred to 2 mediation sessions before permitting the case to enter the trial stage. After Rule 905 became effective, if there was any dispute in litigated cases regarding visitation or custody, the parties were referred mediation and they had to undergo a parenting class.
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