Mediation has become a common step in resolving many different disputes. Because of the benefits of mediation, it is often recommended before going to court. However, you might wonder if it’s possible to bypass this process and head directly to court. In this article we will explain when it’s best to skip mediation and go straight to court, and explainin why skipping mediation is not always advisable or permissible.
What is Mediation?
Before deciding if bypassing mediation is good idea, you should weigh the pros and cons of both mediation and traditional court proceedings. Mediation is a process where a neutral third party mediator helps disputing parties reach an agreed resolution to whatever the conflict is. It’s a collaborative, confidential approach that often saves time, money, and emotional stress compared to courtroom litigation.
The mediator cannot represent either party specifically, but they can talk to both parties individually to understand their goals before engaging in mediation sessions. There are also many kinds of mediation, and each mediator may have a different approach to negotiating so you will want to do your research to find the right mediator for your situation. You can also bring your own attorney to represent you during mediation sessions if you so choose.
Check out our article titled “10 Benefits of Divorce Mediation” to learn more.
When Mediation is Required
In many jurisdictions, mediation is mandatory for specific types of cases, such as most family law disputes, small claims with low dollar values, and even many civil matters. Courts typically prefer mediation because it reduces caseloads for the judge and encourages parties to work together to resolve the dispute. If mediation is court-ordered, skipping it without permission could lead to penalties, such as dismissal of your case or delays.
Cases typically start with a filing in court so the judge will likely order mediation at the beginning of trial. Make sure to follow any and all court orders to avoid legal consequences. Check out our article titled “What Happens If You Do Not Follow a Family Court Order In Illinois?” to learn more about court orders and their consequences.
When You Can Skip Mediation
You might be able to go straight to court if:
- Your case involves urgent matters: For example, cases involving domestic violence or emergency custody issues often bypass mediation due to the need for immediate legal intervention.
- Mediation is not allowed. For some disputes, such as certain criminal cases or complex commercial litigation, mediation might not be a mandated step or could be not allowed at all.
- One party refuses to participate. If the other party is unwilling to mediate in good faith, the court might allow you to proceed without mediation. Especially in cases of divorce where one party is abusive, manipulative, and/or refuses to work collaborativley.
Contested Divorce
If you choose to skip mediation, or if mediation is not working for you, your only option left is contested divorce proceedings. Contested divorces are divorces in which at least one of the parties does not agree on terms of the divorce or does not want the divorce at all. Contested divorces take much longer than uncontested divorces or mediation because both parties disagree on different issues and often refuse to compromise. This means there will need to be multiple court hearings per month until all issues are resolved.
To learn more check out our article titled “How Long Does an Uncontested Divorce Take in Illinois?”
Should You Skip Mediation?
Even if you can bypass mediation, consider its potential benefits. Mediation often provides faster resolutions, reduces legal fees, and offers more control over the outcome. However, if you believe the other party is acting in bad faith or if mediation has already failed, pursuing litigation might be your best option.
Your town is likely going to have several local mediators. Search on your local county courthouse’s website to find a list of mediators in your area. There are different mediation styles that suit different situations so talking to several mediators in your area may be worth your time. You can also read our article “What Are The Three Types of Divorce Mediation?” to learn which medation style is best for you.
Conclusion: Can I Skip Mediation and Go Straight to Court?
Skipping mediation without good reason can make divorce proceedings more difficult. Before deciding to skip mediation entirely, you should consult an attorney. They can assess your specific situation, explain your legal options, and help you determine the best course of action. Mediation may seem like a hurdle, but it can often lead to a more satisfactory outcome than a typical drawn-out court battle.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (Can I Skip Mediation and Go Straight to Court?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information on the question Can I Skip Mediation and Go Straight to Court?
Published by Dustin Koth on February 14, 2025
