Can I Get Free Mediation in My Cook County Divorce?

If you are going through a divorce in Cook County, mediation is great alternative to fighting every issue out in court. Judges encourage it. Attorneys recommend it. While you may know that mediation can provide some savings on your legal bills, you might be wondering, “Can I get divorce mediation for free?”

The answer is sometimes, but not always. In certain situations, the Court can order you to attend mediation at no cost to you.

Why Even Mediate a Chicago Divorce?

Mediation is a confidential, non-binding process where a neutral third party (the mediator) helps spouses resolve disputes. Unlike a judge, the mediator does not make decisions. Instead, they facilitate negotiation and help the parties reach their own agreement.

Illinois courts strongly favor divorcing parties resolving disputes without going to trial whenever possible. While Illinois law does not require mediation in every case, it promotes friendly negotiation and settlement, especially when children are involved.

Mediation is commonly used to address the following issues that arise during divorce:

• Parenting time schedule
• Parental decision-making
• Division of property
• Division of debts
• Spousal maintenance (formerly known as alimony)

Illinois Mediation Rules

Illinois does not have a single statewide mediation system. Mediation programs in Illinois are governed in part by Illinois Supreme Court Rule 99, which authorizes each judicial circuit (like Cook County) to establish its own mediation programs.

Rule 99 requires local courts to create rules addressing:

• Which cases qualify for mediation
• Mediator qualifications and training
• Confidentiality protections
• How mediators are compensated

As a result, whether mediation is free depends heavily on the county in which you are bringing your divorce case.

Cook County’s Approach to Divorce Mediation

In Cook County, mediation through the Domestic Relations Division is governed by Cook County Circuit Court Rule 13.4. The courts have the power to order parties in a divorce to attend mediation to resolve any type of dispute.

In certain situations, mediation is mandatory. Pursuant to Cook Co. Cir. Ct. R. 13.4(e)(ii)(b), these include when the following are contested:

• Allocation of parental responsibilities
• Modification of allocation of parental responsibilities
• Relocation of a child
• Non-parent visitation

This distinction is important because child-related mediation is where you are most likely to find free or reduced-cost options.

Can You Actually Get Free Mediation?

Cook County does offer free mediation through the court in certain circumstances. These are called Family Court Services (FCS), and their goal is to “reinforce parents as decision-makers for their children instead of looking to a judge to direct their future.” When parties to a domestic relations case cannot agree on issues involving their shared children, the Court will enter an order directing them to mediation. This mediation is free, as mentioned, and while it is mandatory to attend in good faith and try to come to an agreement, actual agreement is not required.

Keep in mind that this type of mediation may be free, but your attorney’s time is not. You may incur legal fees for your lawyer’s work in helping prep you for mediation, and of course, if you choose to bring your attorney along to the mediation session. You and your attorney can decide the best path forward in your case.

Mediating Financial Issues (Usually Not Free)

If you and your spouse cannot agree on matters relating to your finances or shared property, you can still be ordered by the court to attend mediation before your case goes to trial. This mediation will not be free. A private mediator will typically require a retainer payment, which the parties can split as they see fair, and then will charge hourly for their mediation services. Mediators’ rates can vary widely, and while some may seem pricey, they are almost always worth the expense. Even expensive mediation will likely cost you less than taking your dispute to court.

Who Pays for Mediation That is Not Free?

Judges have discretion to allocate mediation costs between the parties. In most cases, the judge will compare the parties’ incomes and divide mediation costs proportionally. Sometimes, those mediation fees can be re-distributed between the parties through the final marital settlement agreement.

Give Mediation a Try!

Whether free or paid, mediation can be a powerful tool in a Cook County divorce. It is typically faster than litigation, and less expensive than trial. Mediation allows you much more control over the outcome of your case, and it can set you and your ex up for a less combative, more cooperative relationship moving forward, which is helpful when your ex is also your co-parent.

Find the Right Divorce Mediator in Illinois

So, can you get free mediation in a Cook County divorce? Sometimes, but only in limited circumstances. No matter the cost of mediation, it is likely worth it to give it a try. For the mediation of family law matters, like divorce, child support, child custody, and the division of your marital estate, you need a mediator who is well-versed in the law. A family law attorney who is also a family law mediator is the best option when you want to resolve your matter outside of the courtroom. The skilled mediators at O. Long Law, LLC, can help. Reach out today to schedule your consultation and get your mediation underway.