The Illinois Assignment of Mediating Judge is a process whereby parties to a dispute can have an impartial third-party mediator assigned to help them settle the matter. This process is conducted through the Illinois Supreme Court's Office of the Chief Mediation Officer and is available for civil matters in the Circuit Courts throughout the state. The assignment of a mediating judge is voluntary and is intended to provide an unbiased third-party to facilitate the resolution of disputes without the need for further litigation. There are two types of Illinois Assignment of Mediating Judge: a court-appointed mediator and a private mediator. A court-appointed mediator is an attorney selected by the court to serve as a neutral third-party who facilitates discussions between the parties, encourages settlement, and ensures the parties comply with court orders. A private mediator is an attorney or other trained professional selected by the parties to serve as a neutral third-party to facilitate discussions between the parties, encourage settlement, and ensure compliance with court orders.
Illinois Assignment of Mediating Judge
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FAQ
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.
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.
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.
Judges generally have the authority to do things that mediators cannot do. As we have mentioned, mediators cannot issue binding decisions. Furthermore, mediators cannot subpoena information or conduct the type of robust discovery process that a judge can order.
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.
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.
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 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.