Mediation in Illinois

Rule 905's two mediation programs

Rule 905(a) requires every judicial circuit to set up a mediation program for custody, allocation of parental responsibilities, relocation, visitation, and parenting time cases in general. This applies whether or not the parents were married. Rule 905(b) separately requires a program specifically for dissolution of marriage and paternity cases, covering the same issues. Local rules there address mandatory mediator expertise and training requirements. Under subsection (b), these issues must go to mediation unless the court finds an impediment. That makes referral the default in dissolution and paternity cases, not something either party has to request.

What local circuit rules must cover

Rule 905(a) requires local circuit rules to address mandatory mediator training. They must also limit the program to custody, allocation of parental responsibilities, relocation, visitation, and parenting time issues. Rules must set standards for deciding which cases get referred, and when. They must also build in an excuse from referral where the court finds an impediment to mediation. Rule 905(g) lets individual circuits add other requirements on top of these minimums. That is why the mediation process, forms, and timing can differ from one Illinois county to another.

Language access and remote mediation

Rule 905(e) requires the court to provide a qualified interpreter or other communication assistance at no cost to the litigant. This includes Communication Access Realtime Translation services. It applies to anyone who needs spoken language interpretation, sign language interpretation, or other communication assistance during mediation sessions. Interpreters must meet the court's standards for accuracy, impartiality, and confidentiality. The court can draw on interpreters from another county or state, and use remote video conferencing to reach them. Rule 905(d) also lets mediation programs use remote video conferencing more broadly, to improve accessibility and expand the pool of available mediators.

Excuse from mediation

Both Rule 905(a) and 905(b) build in an exception. A court can excuse a case from mediation referral if it finds an impediment to mediation exists. The rule text does not spell out every qualifying impediment. That determination, and often the specific standards for it, is left to local circuit court rules, within the framework Rule 905 sets. Anyone with a safety concern, including domestic violence, should raise it with the court as early as possible. That way, the impediment determination can be made before a mediation referral goes forward.

Mediation outcomes, reporting and confidentiality

Mediation in Illinois is a step toward resolving disputed issues, not a self-executing outcome. When parents reach an agreement through a Rule 905 mediation program, it must be put in writing and submitted to the court handling the case. It becomes enforceable once the judge reviews and approves it, incorporating it into a parenting plan or the final judgment. If mediation does not resolve the dispute, or the court excused the case due to an impediment, the case proceeds through the circuit's usual contested hearing process.

Rule 905(f) also requires every judicial circuit to file a quarterly report with the Administrative Office of the Illinois Courts on its mediation caseload. That report covers cases referred, cases where mediation didn't proceed, pro bono cases, remote sessions, and full or partial settlement rates. Circuits must also collect a mediator report and the parties' evaluation on every referred case, using forms the Administrative Office prescribes. The information in those mediator and party evaluation reports is confidential. It can be used only for administrative and statistical purposes, and for the court's review of the mediation program's effectiveness.