In a perfect world there would be no divorce lawyers. At the end of their relationship, people would simply go to a mediator who would calmly and rationally divide their assets, calculate support and determine parenting time. While some divorcing couples do use mediators to finalize the terms of their divorce, the majority of divorcing people (in my experience) use divorce lawyers to enforce their rights under the law. When is divorce mediation a viable option for divorcing Illinois couples? When is divorce mediation not recommended for divorcing Illinois couples? When Is Divorce Mediation Not Recommended In Illinois? Mediation only works if both parties are being completely transparent. A mediator cannot divide assets that one party is not aware of. A mediator cannot calculate support if one of the party’s incomes is not completely known. A mediator cannot even advise as to what a divorcing person’s rights are (even though they could look them up on my website). “No person shall receive any compensation directly or indirectly for any legal services other than a regularly licensed attorney” 705 ILCS 205/1 In reality, the most a mediator can provide two people trying to settle their divorce in Illinois is a “memorandum of understanding” memorializing the meeting of the minds that the parties arrived at. That memorandum of understanding can then be formalized by an attorney or by the parties themselves as a Marital Settlement Agreement and/or an Agreed Allocation of Parenting Time and Parental Responsibilities. The subsequent steps to actually “prove up” the divorce through the courts must then be taken, again, without a mediator. The memorandum of understanding is not an actual agreement. The memorandum of understanding is not even binding on the parties. Every county has its own rules about mediation. Cook County defines mediation explicitly. “”Mediation” means a non-binding confidential process by which a neutral third party, selected by the parties to the case or selected by or with the assistance of the court, assists the parties in reaching a mutually acceptable agreement ” Rule 13.4(e) While mediation is “non-binding”, it’s also “confidential.” “Mediation communications shall be confidential and privileged, not subject to discovery or admissible in evidence in accordance with the provisions of the Uniform Mediation Act, 710 ILCS 35/1, et seq.” Cook County Rule 13.4(e)(ix)(a) A party to a divorce, cannot even use some of the mediated agreement or communications that let to the agreement in a court […]
