Can We Still Mediate if We Already Started the Litigation Process?

Attorney and Certified Mediator Serving Rolling Meadows and Wheaton

Mediation is an alternative form of dispute resolution where parties seek an amicable resolution to their issue or dispute. The mediation process is confidential and non-binding, and it can be initiated even if you have already filed a case in court. As a matter of fact, in many family law cases, the court may order that the parties go to mediation to settle certain issues before the case goes to trial. Court-ordered mediation is particularly common for settling child custody, parenting time and other child-related issues.

Voluntary private mediation can be started at any time during a legal proceeding. Even if the case is already filed in court, and a court date has been set, participants can usually approach the judge and inform him/her that they want to try mediation instead. In most instances, the judge is likely to grant this type of request, as long as both parties are entering the process voluntarily, and neither party is being coerced into it. If mediation is unsuccessful, and no agreement is reached, the parties are free to take the case to trial or pursue another legal avenue.

To learn more about mediation and how to get started even after you have already initiated the litigation process, contact our office today at 847-749-4337.