2013-08-23

Illinois Supreme Court supports mediation for child relocation matters

Article provided by Bush & Heise Attorneys at Law

Visit us at www.bhlawoffice.com

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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