There are typically two instances in which people attend mediation: voluntarily to settle a dispute outside of court or as a result of court ordered mediation. In family law, mediation is most often utilized as an alternative to litigating issues before a judge. If the parties are unsuccessful in finding a resolution during mediation, returning to court is most often the next step.

If you have been notified of court ordered mediation you must attend. Any child custody or child visitation case filed in the Circuit Court of Cook County, whether through a divorce or parentage action, courts mandate parties to attend mediation unless the parties are able to reach an agreement on their own. Nevertheless, in certain instances, such as cases involving domestic violence, substance abuse, mental illness or child abuse, a judge has the authority to keep the parties out of mediation. Furthermore, if circumstances are presented that the parties should not be in close proximity, such as one having an order of protection against the other, mediation would not be considered a viable option. read more