Illinois Pre Mediation Questionnaire

State:
Illinois
Control #:
IL-68
Format:
PDF
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Description

Pre Mediation Questionnaire

The Illinois PRE Mediation Questionnaire is a document that is used to assess the likelihood of parties in a dispute settling their differences without the need for litigation. This questionnaire is part of the Illinois Supreme Court Rule 227, which provides for the use of pre-mediation questionnaires as a way to determine the potential for settlement without litigation. The questionnaire contains questions that are designed to identify any areas of agreement or disagreement, the parties’ positions and interests on the issues, and any areas of flexibility. The Illinois PRE Mediation Questionnaire is divided into two parts: Part A and Part B. Part A consists of questions related to the parties’ interests, positions, and willingness to negotiate. Part B consists of questions about the potential for settlement and the process of mediation. The two types of Illinois PRE Mediation Questionnaires are the joint questionnaire and the individual questionnaire. The joint questionnaire is completed by both parties at the same time. The individual questionnaire is completed by each party separately.

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FAQ

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.

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.

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.

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.

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Illinois Pre Mediation Questionnaire