When Is Mediation Not Appropriate | Illinois

--- When is mediation not appropriate?

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• Home
• About Our Firm
• Attorneys
  • Angel Traub
  • Jessica Wollwage-Rymut
• Mediation
  • Voluntary Mediation
  • Court Ordered Mediation
  • What Is Mediation?
  • When To Use Mediation
  • Family Law Mediation
  • Divorce Mediation
  • Child Custody, Parenting Time and Support Mediation
  • Estate and Trusts Administration Dispute Mediation
  • Probate Mediation
  • Guardianship Mediation
  • An Interview with Mediator Angel Traub
• Collaborative Law
• FAQs
  • How does mediation work?
  • What is the mediation process?
  • What does mediation cost?
  • Why use an attorney mediator?
  • Will mediation result in a binding agreement?
  • Can other people participate in the mediation process?
  • Do we have to be in the same room or does the mediator go between us?
  • Can we still mediate if we already started the litigation process?
  • When is mediation not appropriate?
• Testimonials
• Contact
  • Arlington Heights Office
  • Lombard Office

When Is Mediation Not Appropriate?

Illinois Mediator Serving DuPage County, Kane County, and Cook County

While mediation can be a viable option to resolve many types of legal disputes, there are times when it should not be used. Examples include:

• Cases in which there is a history of alcohol or drug abuse.
• Cases in which there is a history of mental illness.
• Cases in which there is a history of physical or psychological abuse.
• Cases in which one party has an order of protection against the other.
• Cases in which one party feels threatened by the other.

It is also important to remember that the mediation process is non-binding. This means that any resolution that is reached must be agreed upon by both parties for the settlement to be legally binding. Either side is free to end the process at any time and proceed to litigation or another form of dispute resolution.

Because the process requires voluntary agreement by both sides, it is probably not a good idea to start mediation if one or both parties is rigid and not willing to be flexible, the two sides are very far apart on what they want, or there is reason to believe that one party is not acting in good faith. In these types of cases, there is a good chance that mediation will be a waste of time.

To learn more about whether or not mediation may be appropriate in your case, contact our office today at 847-749-4337.

Mediation FAQs

Practice Areas

• Mediation
  • Voluntary Mediation
  • Court Ordered Mediation
  • What Is Mediation?
  • When To Use Mediation
  • Family Law Mediation
  • Divorce Mediation
  • Child Custody, Parenting Time and Support Mediation
  • Estate and Trusts Administration Dispute Mediation
  • Probate Mediation
  • Guardianship Mediation
• Collaborative Law

Arlington Heights Office

634 S. Arthur AvenueArlington Heights, IL 60005

Phone: 847-749-4337

Lombard Office

200 W. 22nd Street, Suite 210Lombard, IL 60148

Phone: 630-426-0196

From our two convenient office locations in Arlington Heights and Lombard, we offer mediation services throughout the area, including but not limited to Cook County, DuPage County, Kane County, Wheaton, Rolling Meadows, Schaumburg, Palatine, Wheeling, Buffalo Grove, Mount Prospect, Glen Ellyn, Addison, Elmhurst, Oak Brook, Glendale Heights, and Carol Stream.

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