Is Mediation Required in an Illinois Divorce?

 Posted on May 17, 2025 in Divorce

Divorce mediation is an effective tool for resolving disputes during divorce proceedings. Sometimes, the court will mandate that a couple attempt mediation before litigation, but you can also choose mediation as a means to reach a divorce settlement. An experienced Illinois divorce attorney can often act as an objective third party, helping you resolve issues and find a comfortable position of compromise. The first step is to understand the mediation process and when it is an obligation rather than a choice.

When Is Mediation Court-Ordered in an Illinois Divorce?

In Illinois, Circuit Courts require mandatory mediation for cases involving contested allocation of parental responsibilities. Therefore, if you and your spouse cannot agree on decision-making obligations, such as where your child will go to school and what doctor they will see, or how you will divide parenting time, the Court will require you to go to mediation in an attempt to work out those issues. Exceptions will likely be made in cases where the situation would impede mediation, like domestic violence or a highly uncooperative spouse.

What Are the Benefits of Mediation in a Divorce?

Divorce mediation, whether voluntary or required by the Court, offers an amicable path to resolution that encourages you both to cooperate, creating a more peaceful process. Other benefits include:

• More privacy: Mediation offers a private avenue for resolving disputes. According to the Illinois Uniform Mediation Act, the communication you have in mediation is privileged and not subject to discovery or admissible as evidence.

• More efficient: Mediation is relatively inexpensive compared to the costs associated with traditional divorce. The process is also faster because you communicate directly.

• Less stressful: Because you are collaborating rather than battling one another, the emotional toll is often lower in mediation.

• More flexibility: Mediation allows you to maintain control over the process that leads to your final settlement rather than allowing the Court to make decisions for you.

Even after divorce, you can use mediation to modify agreements. Fostering this kind of communicative relationship is beneficial for both of your lives, especially if you have children.

What Issues Are Commonly Resolved in Mediation?

Every case has unique circumstances that will impact what you can and cannot resolve with mediation. However, mediation will address all components of divorce, including:

• The division of assets and liabilities

• Spousal maintenance

• Child support

• Allocation of parental responsibilities

• Continued communication

Some elements of the mediation process will be more challenging than others. You will likely face issues that you have a hard time resolving, but the mediator is there to help you work through those, offering legal advice and strategies to find a compromise.

Contact a Mt. Prospect, IL Mediation Attorney for a Free Consultation

If you are about to take action to start the divorce process, the Northwest Cook County, IL mediation lawyer at The Law Office of Nicholas W. Richardson, P.C. can assist. Reaching a settlement without the costs and stress associated with divorce litigation is always preferred, and having an experienced attorney to provide guidance is invaluable. Call 847.873.6741 to schedule your initial consultation free of charge, and find out what you may be able to accomplish without intervention from the Court.