When Mediation Is Required in a Cook County Family Case

Identify the issues being referred

Cook County Rule 13.4(e) lists mandatory categories including initial and modified allocation of parental responsibilities, relocation, and specified nonparent matters. It separately allows discretionary mediation of financial and discovery disputes. Read the referral order to see which questions are included. A referral about a parenting schedule should not be assumed to resolve all property and support issues.

Raise safety and participation concerns early

Rule 905 and the local rule recognize impediments that may make mediation inappropriate or interfere with meaningful participation. Tell counsel about violence, intimidation, coercion, relevant impairments, or substance-related concerns. An order of protection requires attention under the local rule. The court should receive specific information, not an unsupported statement that mediation will be pointless because the parties disagree.

Prepare for a structured negotiation

Bring the existing parenting plan, calendars, school information, and a practical proposal. Identify needs and possible alternatives rather than only a preferred outcome. Ask about attendance, separate sessions, remote participation, and documents to submit beforehand. The current Rule 905 also addresses meaningful language and communication access, so raise interpretation and accessibility needs before the session.

Keep the court process organized

Mediation does not automatically excuse status appearances or rewrite existing orders. The local rule addresses proceedings during mediation and emergency access. Confirm which deadlines remain in place and how any agreement will be reviewed and submitted. If an impediment becomes apparent later, ask counsel about modifying or ending the referral through the proper process rather than simply refusing to attend.

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