Programs  >  Practice Area  >  Family  >  Custody & Visitation

Year started: 2004
Neutrals: Judges
Eligibility: All contested custody and visitation cases
Pro bono services available?: no
http://www.illinoissecondcircuit.info/mediation.html

The 2nd Circuit's judicial mediation program for custody and visitation issues in divorce cases was officially launched with referral of its first case in December 2004. Through this program, sitting judges who have completed the required 40-hour family training can mediate cases referred from other judges. The effort was spearheaded by then Chief Judge James Wexstten and Judge Stephen G. Sawyer. Judge Sawyer is also the sole judge currently mediating cases.

The issues eligible for judicial mediation are child custody, child visitation, and removal of children from the state of Illinois. Cases that have completed discovery (or in pro se cases after filing of financial affidavits) may be referred to mediation either upon the request of a party or by motion of the court. To ensure that there will be no conflict between Judge Sawyer's responsibilities as a judge and his service as a mediator, no cases that have been called before him or that he has acted upon can be referred to judicial mediation. Currently cases are being referred from Crawford, Edwards, Lawrence, Richland, Wayne and White Counties. With Judge Sawyer as their mediator, disputing parties participate free of charge. Counsel is not present at the mediation. Those parties who would prefer to pay a private mediator, or whose cases were called before Judge Sawyer, are provided that option through the court rule.

Mediations generally take about three hours. If an agreement is reached, the mediating judge enters and files the agreed terms as a provisional order within 21 days. The trial judge then may reject or co-enter the provisional order, at which time it becomes immediately effective.

2nd Judicial Circuit Local Rule 21: Family Mediation Program (both non-judicial & judicial)

Text of rule: http://www.illinoissecondcircuit.info/local_rules.html
Date adopted: December 1, 2004
Date amended: October 9, 2008
Summary: This rule outlines the procedures for judicial and non-judicial mediation of family disputes. The rule applies to all contested custody, visitation, and removal cases. Judicial mediation is conducted by a sitting judge who will not ultimately hear the case. It is provided free of charge to the participants. The rule provides for confidentiality and exceptions to privilege. The Uniform Mediation Act will apply only to non-judicial mediation.

For more information about this program, contact:

Hon. Stephen Sawyer
Second Judicial Circuit

phone: (608) 262-8371
lawfam@shawneelink.net