As divorce attorneys working with families throughout Chicago, we understand how emotionally and financially overwhelming divorce can be. Many clients ask us whether they should consider mediation instead of going straight to court. Divorce mediation can offer a more cooperative and less adversarial process—but it’s not the right fit for every situation.

The decision to mediate should be based on your specific goals, the nature of your relationship with your spouse, and the legal issues involved in your divorce. Illinois courts do support mediation in many cases, and it’s important to understand how it works and what you can expect.

Mediation can save time and money, reduce conflict, and help protect children from a contentious legal battle. But it also comes with limitations, especially when one spouse is uncooperative, or there are concerns about hidden assets or domestic abuse. Let’s take a closer look at the pros and cons of divorce mediation under Illinois law so you can decide if it’s the right choice for your case.

What Is Divorce Mediation In Illinois?

Mediation is a confidential process where a neutral third-party mediator helps divorcing spouses resolve issues like parenting time, property division, and support without going to trial. In Illinois, courts often require parents to attempt mediation before litigating child custody and parenting time disputes. This requirement is outlined in Illinois Supreme Court Rule 905(b), which applies to contested allocation of parental responsibilities.

Mediators do not make decisions for you—they facilitate conversation and try to help both sides reach an agreement. You can still have your attorney present during mediation or consult with them throughout the process.

Pros Of Mediation In An Illinois Divorce

  • Cost-Effective – Mediation can be less expensive than litigation because it avoids prolonged court battles and multiple hearings.
  • Faster Resolution – Cases that go through mediation are often resolved more quickly. This gives both parties closure and helps reduce long-term stress.
  • Confidential – Unlike court, which creates a public record, mediation is private. Sensitive financial or family matters stay out of public view.
  • Greater Control – Mediation allows you and your spouse to make decisions rather than leaving them to a judge. This often leads to more personalized and practical outcomes.
  • Better For Children – Mediation can reduce conflict between parents, which benefits children emotionally and psychologically. Courts in Illinois prioritize the child’s best interests under 750 ILCS 5/602.5, and mediation supports that goal.

Cons Of Mediation In An Illinois Divorce

  • Not Legally Binding Until Finalized – Mediated agreements must still be entered into the court record and approved by a judge to become enforceable. Until then, there’s no legal obligation to comply.
  • Power Imbalance Risks – If one spouse has more financial or emotional control, it can lead to an unfair outcome. A mediator cannot force equal participation or disclosure.
  • May Not Work In High-Conflict Cases – Mediation isn’t well-suited for cases involving domestic violence, manipulation, or unwillingness to compromise.
  • No Legal Advice From The Mediator – The mediator must remain neutral and cannot provide legal advice to either side. You’ll still need your own attorney to advise you through the process and review any agreement and ensure your rights are protected.

When Mediation Makes Sense In Illinois Divorce Cases

We often recommend mediation when both spouses are willing to communicate, compromise, and disclose financial information honestly. Mediation can work especially well when there are children involved, and both parents want to minimize disruption and maintain a cooperative relationship.

However, in divorces involving complex financial assets, significant power imbalances, or allegations of abuse, litigation may be the safer and more effective path. Our job is to evaluate your situation and help you determine the best strategy for your long-term interests.

Frequently Asked Questions About Illinois Divorce Mediation

Is Mediation Required In Illinois Divorce Cases?

In divorce cases involving children, many counties in Illinois—including Cook County—can require parents to participate in mediation if they cannot agree on parental responsibilities or parenting time. This is governed by Illinois Supreme Court Rule 905(b). Mediation is not generally not required for property or financial disputes, but it may still be recommended as an alternative to litigation.

Can I Have My Attorney Involved In The Mediation Process?

Yes. You can and should consult with your attorney before, during, and after the mediation process. Your attorney can attend mediation sessions or review proposed agreements to ensure your rights are protected. While the mediator remains neutral, your attorney represents your individual interests.

How Long Does Divorce Mediation Take In Illinois?

The length of mediation depends on the complexity of the issues and how cooperative both parties are. Some cases resolve in just a few sessions, while others may take several weeks or months. Compared to courtroom litigation, mediation is often much faster.

What Happens If We Don’t Reach An Agreement In Mediation?

If mediation is unsuccessful, your case will move forward in court. Anything discussed in mediation remains confidential and cannot be used as evidence in future litigation. You will still have the opportunity to present your case before a judge, and your attorney will guide you through that process.

Is The Mediation Agreement Final And Enforceable?

Once both parties agree to the terms of mediation, the agreement must be put into writing and submitted to the court for approval. Once the judge signs off, the terms become legally binding and enforceable under Illinois law. Until that happens, it remains a tentative agreement.

Can Mediation Be Used To Decide Financial Issues Like Property Division Or Support?

Yes. Mediation can address all or some aspects of your divorce, including property division, spousal maintenance (formerly alimony), and child support. However, financial agreements reached in mediation should be reviewed by an attorney to ensure they comply with Illinois law, especially under 750 ILCS 5/503 (property division) and 750 ILCS 5/504 (maintenance).

Call Michael C. Craven For Skilled Divorce Representation And Mediation Support

Michael C. Craven helps individuals and families throughout Chicago understand their divorce options, including whether mediation is right for their case. His goal is to support you with clear legal advice, strategic guidance, and personalized representation at every step of the process. Whether you’re considering mediation or litigation, he is ready to advocate for what matters most to you.

Contact Michael C. Craven, a Chicago divorce mediation attorney, today by calling (312) 621-5234 to schedule a free consultation. Our law office represents clients throughout of the city of Chicago, Illinois, with compassionate and effective legal guidance tailored to your divorce, parenting, or property concerns.

The post Should You Mediate Your Illinois Divorce? Pros And Cons Compared first appeared on Divorce Attorney in Chicago.