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| Home > Divorce Q&A's: (sect-Starting a Divorce) > Mediation and the Children's First Program | |||||
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Mediation in Illinois' Divorce and Custody Cases and the Children's First ProgramThe Gitlin
Law Firm, P.C., Woodstock, Illinois © 2008
Q:What is mediation in the frame-work of family law cases (divorce, custody, removal, paternity)?A:Mediation is a process where a neutral person (usually appointed by the court) will work with both parties in an effort to come up with a mediated agreement. The mediator should create options for mutual gain so the parties do not become ingrained in their positions. The goal of the mediator in custody proceedings is to focus on the best interest of the child and to assist the parents in agreeing to a parenting plan (often a joint parenting agreement).
Q:I have a case where it appears that custody is at issue? Is mediation required?A:Yes. Mediation is required in all cases where custody is at issue. The exception is if a case is "deemed ineligible" for mediation. The usual exception is in cases of domestic violence. This is not a change in many counties in Illinois such as in McHenry County, Lake County, Kane County and DuPage County, where I practice. However, in other counties in the state who have not had mediation programs the change of the law (which became effective July 1, 2006 state-wide) will be significant. Throughout Illinois mediation is required before the court will hear contested issues of custody, visitation, removal or the like.
Q:In McHenry County and Lake County who are the mediators? Are they lawyers or are they mental health professionals?A:In McHenry County, most of the mediators who handle custody cases are lawyers. Lawyers of the Gitlin Law Firm who are trained mediators are Gunnar Gitlin and Paulette Gray and Scott Farrell. In Lake County perhaps half of the mediators are lawyers. Alternatively, there are a number of mental health professionals who provide mediation services. There are advantages to having a lawyer / mediator since the lawyer will have a greater knowledge of the applicable law. This knowledge often is used to suggest options or keep the parties focused on resolutions which would likely be approved by the judge.
Q:What issues should be mediated?A:Except if there is domestic violence, issues about custody, removal and visitation should be mediated. If you and your spouse are mediating custody issues, I usually advise clients that the mediation should not expand to financial issues. The Supreme Court Rules provide that the "mandatory" mediation program is limited to non-financial issues. The danger in allowing mediation of financial issues as well as non-financial issues is that the mediator (such as a mental health professional) may not be qualified to mediate such issues. Moreover, financial issues such as the amount of child support, etc., are generally relatively easy to determine once the issue of custody has been established.
Q:When should I retain a lawyer since my spouse and I have agreed to go through mediation?A:One of the advantages of mediation (as well as in collaborative practice) is that it may reduce the cost for the parties. A disadvantage is that neither party may receive independent legal advice. Additionally, many parties often only seek advice after they have learned of the unfavorable terms of a mediated agreement. There is a growing consensus that mediation works best when each party has the benefit of advice of counsel during the mediation process. During the process of mediation, the parties consult with their lawyers to discuss their legal rights, potential options to prevent an impasse during mediation and other issues.
Q:I have heard about a program called "Children's First." Should I attend this program prior to going to mediation?A:Yes. The Supreme Court Rules provide that, " Each circuit or county shall create or approve a parenting education program consisting of at least four hours covering the subjects of visitation and custody and their impact on children." The rules also provide that attendance is mandatory except on good cause shown. Attendance is required "as soon as possible" by the Supreme Court Rules. The mandatory program in McHenry County is offered at McHenry County College and is called, "Parents, Children & Divorce." Registration is $50 and is due at the time of registration. The fee is paid to McHenry County College. A certificate proving completion of the Children's First program will be filed with the court. The certificate must be filed prior to the finalization of the divorce. A $10 fee will be charged for replacement certificates. There is also a similar class in Lake County called the "Family Parenting Program or the Family Parenting Course." In Lake County there is also a shorter course called the Family Parenting Course for involving post-judgment custody or visitation petitions. course is called the "Children's First Foundation" and is only two hours in length. It is offered at the College of Lake County. The Lake County program is offered Saturday mornings, Monday and Thursday evenings; the course fee is $40. It is my definite recommendation that the parenting class be completed as soon as is possible in divorce or parentage proceedings. It is also my belief that the parenting class should be completed before mediation. However, it is not mandatory that this be done prior to mediation (as of this time). It is only required that this program be attended prior to finalizing the divorce or parentage proceedings. Q:Are lawyers of The Gitlin Law Firm trained in mediation?A:Yes. All lawyers of the Gitlin Law Firm have received training in divorce mediation. Both Gunnar J. Gitlin and Paulette Gray have been certified by DePaul University Continuing and Professional Education as having completed their 40 hours of instruction in family and divorce mediation training. This program was taught by Lynn Gaffigan. Attorney Scott Farrell and Attorney Stephanie Kasten have also been trained in mediation. This training helps the lawyers of The Gitlin Law Firm, P.C., advise clients while in the process of mediation in traditional adversarial representation. It also helps the lawyers of the Gitlin Law Firm in their negotiation skills in both traditional representation in in collaborative practice.
The Gitlin Law Firm, P.C., provides the above information as a service to potential and current clients. A person's accessing the information contained in this web site, is not considered as retaining The Gitlin Law Firm for any case nor is it considered as providing legal advice. The Gitlin Law Firm cannot guarantee the outcome of any case. The Gitlin Law
Firm, P.C. www.gitlinlawfirm.com
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