Illinois Supreme Court supports mediation for child relocation matters
Article provided by Bush & Heise Attorneys at Law
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In July 2013, the Illinois Supreme Court ruled to expand
mediation services to include child custody matters involving a
parent’s request to relocate a child to another state.
According to Supreme Court Rule 905, the inclusion of mediation
programs for child custody and child visitation matters is a
requirement for every judicial circuit in Illinois. However, the
rule is now elaborated to include relocation cases, too.
To help ensure that all child custody matters are handled in the
best interests of a particular child, the Supreme Court created
these rules in 2006 to help guarantee that custody proceedings are
handled competently and in an expedited fashion. For example,
judges must render a decision no later than 60 days after the
completion of trial. Mediation helps expedite a resolution for
these matters.
In line with the policies, the Supreme Court also added a new
section to Rule 905, which requires all circuits to file a report
four times a year with the Administrative Office of the Illinois
Courts. The report should detail the number of child custody, child
visitation and removal cases that have been sent to mediation. It
should also document the outcome of each referral, tally the number
of cases that have been referred on a pro bono basis and note the
percentage of matters where parties expressed sentiments about the
process (for example, dissatisfaction or appreciation).
All data gathered about the process will remain in confidence;
however, such information will be used for statistical and
administrative purposes. The goal is to review the mediation
technique for such matters, as a whole.
Mediation
Mediation is a
resolution process, which helps disputants settle matters in a more
collaborate way. Mediation is different from an adversarial
process. The technique allows disputants to find a resolution own
their own terms. The point is to find a resolution that meets the
needs and interests of all parties. The process is facilitated by a
neutral mediator; however, this person does not order a decision in
favor of a particular party. Instead, the mediator helps generate
communication and assists with clarifying issues. There is no
“winner” or “loser” in this joint process.
Mediation can be particularly helpful for family law matters. As
litigants learn to discuss and resolve issues, they will place
themselves in a good position for future dealings. For example,
many custody or visitation resolutions require persistent
communication among parties (for example, to help coordinate a
child’s schedule on a weekly basis). Mediation can help set the
tone for this process.
Furthermore, parties may have the assistance of a professional
by their side. A lawyer can help a particular party understand the
legal repercussions of a decision. In addition to incorporating a
legal professional into this process, mediation is enforceable and
less costly than traditional litigation.
This form of alternative dispute
resolution may not be able to resolve all pending legal issues;
however, it can be extremely helpful for families trying to move
forward. To learn more about the new rules from the Illinois
Supreme Court or to find out about mediation, contact an
experienced family law attorney.
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Illinois Supreme Court supports mediation for child relocation matters
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