If you’re going through a divorce in Illinois, one of the first questions you may ask is: “Is divorce mediation required in Illinois?” This is one of the most common concerns for couples—especially when children are involved. The answer depends on your situation and what issues you and your spouse are trying to resolve. In this blog, we’ll break down when mediation is required, when it’s optional, and what to expect from the process.
What Is Divorce Mediation?
Divorce mediation is a process where a neutral third-party mediator helps spouses talk through and resolve disagreements about their divorce. This might include parenting time, custody, child support, property division, and other financial matters.
Unlike court, mediation is private and cooperative. You and your spouse—not a judge—stay in control of the outcome. The mediator doesn’t take sides or make decisions. Instead, they guide both parties toward an agreement that works for everyone.
Is Divorce Mediation Required in Illinois?
Mediation Is Often Mandatory for Child-Related Disputes
Under Illinois Supreme Court Rule 905, most counties require mediation if parents cannot agree on key issues involving:
- Child custody (allocation of parental responsibilities)
- Parenting time (formerly called visitation)
Illinois courts prefer that parents try to reach their own parenting agreements rather than relying on a judge to decide for them. Mediation offers a less combative, more child-focused approach to resolving these issues.
There Are Exceptions to the Mediation Requirement
It’s important to note that there are exceptions to mandatory mediation—even when children are involved. A court may waive mediation if there are certain “impediments” that would make the process inappropriate or unsafe, such as:
- Domestic violence or abuse
- Serious mental health concerns
- Substance abuse problems
In these situations, a judge may decide that requiring mediation could harm one or both parties or make it impossible to have a fair and productive conversation. If you believe any of these circumstances apply to your case, your attorney can file a request to be excused from mediation.
Mediation for Financial Issues Is Typically Optional
When it comes to financial disputes—such as property division, spousal support, or debt allocation—mediation is not automatically required in Illinois. However, a judge can order mediation if it seems like it could help resolve the case more efficiently.
Many couples still choose voluntary mediation for financial matters, especially in uncontested divorces. It’s a faster and more cost-effective way to reach agreements without court involvement.
What Issues Can Be Resolved in Mediation?
Mediation can help resolve a variety of divorce-related issues, including:
- Custody and parenting time
- Child support
- Spousal support (alimony)
- Division of assets and debts
- Who stays in the home
- Responsibility for taxes or loans
If the couple reaches an agreement, it’s written into a settlement that can be submitted to the court for approval.
Benefits of Divorce Mediation in Illinois
Even when mediation isn’t required, it offers several clear advantages:
- Saves Time – Mediation can resolve disputes faster than the traditional court process.
- Reduces Legal Fees – Avoiding drawn-out litigation means lower attorney costs and court expenses.
- Gives You Control – You and your spouse make the decisions, not a judge.
- Minimizes Conflict – The mediation setting encourages cooperation and reduces hostility.
- Protects Privacy – Mediation is confidential; court hearings are public.
What Happens If Mediation Doesn’t Work?
If mediation doesn’t result in an agreement, your case will move forward through the court system. A judge will make decisions about the unresolved issues. However, any discussions in mediation are confidential and cannot be used in court as evidence.
How Long Does Mediation Take?
The length of mediation depends on how complex your case is and how willing both parties are to cooperate. Most couples in Illinois with parenting disputes complete mediation in 3 to 8 sessions, each lasting about 1 to 2 hours. Some cases are resolved in just a few sessions, while others may take longer depending on unique circumstances.
Do You Need a Lawyer for Mediation?
You are not required to have a lawyer during the mediation itself, but it’s highly recommended to have one review any agreements before you sign. The mediator does not represent either party and cannot offer legal advice. Your attorney will make sure the final agreement protects your rights and follows Illinois law.
Is Mediation Right for You?
Mediation can be a good option if:
- Both parties are open to compromise
- You want to avoid the emotional toll of court
- You prefer to keep your case private
- You want to resolve issues faster and with less stress
It may not be appropriate if there’s a history of abuse, fear, or manipulation—or if one spouse refuses to participate in good faith.
Is Divorce Mediation Required in Illinois?
To wrap up:
- Yes, mediation is usually required in Illinois for parenting issues if there is a dispute.
- No, it’s not required for financial matters unless the court specifically orders it.
- Yes, there are exceptions—courts may waive mediation for cases involving domestic violence, mental illness, or substance abuse.
Even when not mandatory, mediation is often worth considering. It can save time, money, and stress—and lead to more peaceful outcomes, especially when children are involved.
Need Help With Divorce Mediation in Illinois?
At Rincker Law PLLC, we help clients across Illinois find clarity and resolution through both court-ordered and voluntary mediation. Whether you’re required to mediate or just exploring it as an option, we’re here to support you every step of the way.
Call (217) 774-1373 today to schedule a consultation and get answers to your questions about divorce and mediation in Illinois.