What Is Mediation and Is It Required for Divorce in Illinois?

 Posted on June 17, 2026 in Mediation

If you and your spouse cannot agree on how to end your marriage, you may not have to go straight to a courtroom. Mediation is a process where a neutral third party helps both spouses work through disagreements and reach their own decisions. Many people going through divorce in 2026 find a mediated divorce to be less stressful and less expensive than fighting it out in court.

If you are considering a divorce, a Joliet, IL divorce mediation attorney can help you understand the process and protect your interests at every stage.

Does Illinois Law Require Mediation in a Divorce?

Whether mediation is required depends on whether you and your spouse have children. Under 750 ILCS 5/602.10, each parent must file a proposed parenting plan during the divorce process. If parents cannot agree on parenting issues, the court will usually require mediation before asking a judge to decide those issues.

If you do not have children, mediation is not required by law. However, a judge may still order it, and many couples choose it voluntarily because it tends to move faster and cost less than litigation.

A court can waive the mediation requirement when there are impediments, such as a history of domestic violence or a significant power imbalance between the spouses.

What Issues Can Divorcing Spouses Resolve Through Mediation in Illinois?

Spouses can use mediation to work through most of the major issues in a divorce, including:

• Parenting time and decision-making responsibilities for the children

• Division of property and debts

• Spousal support, also called maintenance or alimony

• Child support

• Modifications to existing court orders

A mediator does not make binding decisions. The mediator's job is to guide the conversation and help both sides understand the practical and legal effects of different choices. Any agreement you reach with a mediator still has to be approved by the court to become enforceable.

How Does the Mediation Process Work in an Illinois Divorce?

Most family law mediations follow a similar structure. The process typically begins with each party meeting with the mediator separately to outline the issues and set ground rules. From there, both spouses meet together with the mediator to go through each dispute one by one.

Mediation communications are generally privileged under the law, meaning they cannot be used as evidence in court if talks break down. This allows both sides to speak more openly than they might in a formal legal proceeding.

If the parties reach an agreement, the mediator prepares a memorandum of understanding that summarizes the terms. This document is not yet a court order. Each party must review it with their own attorney before submitting it to the court. Once a judge approves it, it carries the same legal weight as any other court order.

If mediation does not result in a full agreement, it can still be useful. Parties often settle some issues and narrow down what remains for a judge to decide.

Is Mediation Better Than Going to Court for an Illinois Divorce?

Children have the most to lose when divorce turns adversarial. According to the National Survey of Children's Health, about 21 percent of U.S. children have experienced their parents' divorce or separation. Mediation gives both parents a voice in shaping agreements after divorce, which can make parenting plans easier for everyone to follow.

That said, mediation is not right for every situation. If there is a history of abuse, one party is afraid to speak freely, or one spouse is hiding assets, mediation may not give you the protection you need.

Talk to a Joliet, IL Family Law Attorney Today

If you have questions about divorce mediation, the lawyers at Jordan Steele & Associates, LLC are here to help. With over 40 years of combined experience, our women-owned firm takes the time to understand your full situation before recommending a path forward. Attorney Andrea Jordan is both a certified mediator and a guardian ad litem. We believe clients deserve more than band-aid solutions, and any agreement you reach should hold up long after the paperwork is filed. 

Call 872-314-0080 to schedule a consultation with a Will County, IL divorce mediation lawyer today. 

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