Legal Question in Family Law in Illinois

I live in Illinois. I want to take my ex back to court to change some things in our decree. He insists that our decree states that we have to seek out mediation first. This is exact wording " The parties designation Jon. D. McLaughlin as their mediator. Anything herein to the contrary notwithstanding, the parties agree to first submit to the mediator before resorting to the Court issues concerning the children of the parties, including, but not limited to, changes, disputes, and alleged breaches of this Joint Parenting Agreement." However, Jon is no longer a practicing lawyer. I want to take it straight to court and take the wording of "THE mediator" to mean only Jon. Can I go to court without seeing a different mediator first?


Asked on 6/26/17, 1:12 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

It would appear you have some type of joint custody arrangement with your ex. In that type of situation, the LAW says that you must participate in mediation before presenting your issues to a court. If you and your ex can agree on a different mediator, great, if not, then you need to file a pleading with the court who will suggest a mediator.

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Answered on 6/26/17, 1:34 pm


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