Divorce mediation is an effective, less adversarial way for couples to resolve disputes about property, custody, and financial matters without going to court. However, as with many legal proceedings, mediation can sometimes be postponed for various reasons. If you’re wondering “how many times can divorce mediation be postponed?” or if there are any concequences for doing so, here are some key points to consider.
What is Mediation?
Mediation is an alternative way to resolve disputes in divorce. Mediation involves a neutral third party mediator who works with both parties, and their respective attorneys, to create a custom divorce agreement. Both spouses must work together, communicate effectively, and compromise for mediation to be effective. That also means both parties need to appear for mediation sessions. To learn more, check out our article titled “10 Benefits of Divorce Mediation.”
Often times, when one spouse may not want to work collaboratively, or doesn’t want the divorce at all, they might frequently cancel or postpone mediation sessions. If one spouse frequently cancels, postpones, or doesn’t appear for mediation sessions, the process can take even longer or lead to litigation. So how many times can divorce mediation be postponed before litigation?
There’s No Fixed Number of Postponements
Legally, there is no strict limit on the number of times a mediation session can be postponed. However, courts and mediators typically encourage timely resolution to avoid unnecessary delays. Courts recognize that divorce cases impact lives and aim to avoid drawn-out processes that add emotional or financial strain.
Some mediators will have their own limits which may be in their agreement for mediation. Make sure to read the agreement carefully, and that you follow the rules set forth in the agreement. You can find a list of local mediators on your local county courthouse’s website.
Common Reasons for Postponement
Postponements happen for legitimate reasons all the time, such as health issues, work commitments, lack of readiness, or new developments in the case. Sometimes, one party may feel they need more time to gather information or consult legal counsel, which is generally accommodated.
There are however bad reasons for canceling, such as forgetting about the mediation session. Even if your reasons for postponement may be reasonable, repeated cancelations can still cause problems.
Court Approval and Case Deadlines
While courts may allow a few postponements, they don’t permit endless delays. If you or your spouse need to reschedule multiple times, each request might require court approval, especially if the judge has set strict case deadlines. At a certain point, the court may step in to set a final mediation date to ensure progress.
Mediator’s Policies and Discretion
Mediators often have guidelines on rescheduling. Many mediators allow one or two postponements without issue, but multiple requests can create scheduling challenges for their practice. They may eventually insist on moving forward to avoid extended delays or may suggest alternative paths if one party continues to delay. The mediator may also require both parties to agree to postponing the session, otherwise the court may get involved.
Repercussions of Excessive Delays
While mediation is intended to be flexible, postponing excessively can lead to frustration, increased legal fees, and even court-imposed deadlines or penalties. If one party seems to delay intentionally, the court may interpret it as a lack of good faith, potentially impacting the case. This could mean the court will see the delaying party as irresponsible and give them less parenting time because of the delays.
Some may attempt to delay because they want to stop the divorce proceedings. To learn more about this, check out our article titled “Can You Stop a Divorce After Filing?”
Conclusion: How Many Times Can Divorce Mediation Be Postponed?
While there’s no fixed limit on how many times divorce mediation can be postponed, each case is unique. It’s essential to communicate openly with both the mediator and your spouse, ideally finding a compromise that works for everyone. Remember, the goal of mediation is a peaceful and fair resolution—an outcome worth pursuing in a timely manner.
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Disclaimer: This article (How Many Times Can Divorce Mediation Be Postponed?) 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 about How Many Times Can Divorce Mediation Be Postponed?
Published by Dustin Koth on February 6, 2025
