Important Change to Illinois Family Law Mediation Rules

Posted by Erin Birt | Sep 18, 2013 | 0 Comments

In September 2013, the Mediation Council of Illinois issued the following statement about Important Change to Illinois Family Law Mediation Rules:


Effective as of September 1st, The Illinois Supreme Court expanded mediation rules with changes to Rule 905.  These changes are important to mediators that practice in the family law area.

Change (1)  Mediation had been required in child custody and visitation cases.  The Court has now added removal to that list.

Change (2). In custody cases where a party can only communicate in a language other than English the Court must make a good faith effort to provide a mediator, and a pro bono attorney where applicable, and/or an interpreter speaking the language of the party.

Change (3)  Most noteworthy to mediators that do court appointed mediation is the new requirement that every judicial circuit must report to the Administrative Office of the Illinois Courts the number and outcome of mediation cases involving custody, visitation and removal .  This report also must include a report on the parties' satisfaction or dissatisfaction with the mediation process.  The information provided is to be treated as confidential.  Some of our members have received direction from their circuit courts requiring mediators to have the mediation participants complete court provided questionnaires.  These questionnaires be returned to the court. Check with your circuit court to see what this change means for you.

~Diane Johnson

President of the Mediation Council of Illinois”

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About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.


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