How Do I Know If I’m a Good Candidate for Divorce Mediation?

 Posted on June 06, 2026 in Divorce

Divorce mediation helps couples avoid time in a courtroom in favor of working issues out with the help of an outside third party. Mediation is often less expensive and less draining than courtroom litigation. It can be a good fit if both spouses are willing to communicate and work out compromises, but it’s not right for every divorce case.

If you're considering mediation for your 2026 divorce, a Kane County, IL divorce lawyer can help you decide whether it makes sense for your case.

What Happens During Divorce Mediation?

Divorce mediation is a structured series of meetings where a trained, neutral mediator helps you and your spouse reach agreements. The mediator doesn't take sides and doesn't decide who is right. Rather, they guide the conversation and help both spouses find common ground on the issues that need resolving.

Mediation usually covers the same issues a judge would otherwise rule on, such as:

• How parenting time and parental responsibilities will be divided

• How marital property and debts will be split

• Whether and how much spousal maintenance will be paid

• How child support will be handled

Once you reach an agreement, it's put in writing and submitted to the court for approval. A judge will review it to make sure it follows the law. It then becomes part of your final divorce judgment. Most people still have their own lawyer review any agreement made in mediation before they sign it. 

Is Mediation Required in an Illinois Divorce?

Mediation isn't required for every divorce in Illinois. However, courts can require it in certain situations. Under 750 ILCS 5/602.10, courts will order mediation when parents can't agree on issues regarding their parenting plan. The goal is to give families a chance to settle these sensitive matters without a judge having to make the final decisions.

Other parts of the divorce, such as property division and spousal maintenance, do not have mediation requirements in Illinois law. Still, many couples choose to mediate these issues as well. Not only is mediation often more time and cost-effective than litigation, but it also allows the couple more control over their final divorce decree. Couples who reach their own agreements often feel more satisfied with the outcome than if they had left it to a judge.

When Is Divorce Mediation a Good Idea for Illinois Couples?

Mediation tends to work best when both spouses can be honest, communicate well, and compromise. You don't have to agree on everything. You just have to be willing to negotiate in good faith and be honest about financial information.

Mediation is also ideal for couples who want to keep their divorce discussions private or who want to protect children from conflict. Unlike court proceedings, which are public record, only the final divorce decree and court filings will be made public with mediation. The calm discussions required for mediation also set parents up well for future interactions regarding their children.

When Should You Avoid Divorce Mediation?

Mediation isn't the right choice for everyone. There are cases where the imbalance between spouses makes discussions or a fair agreement very difficult, even unsafe.

You should be cautious about mediation if there's a history of domestic violence or abuse in the relationship. If one spouse has been kept out of the finances, reaching a fair agreement through mediation may also be difficult.

Mediation is also not a good option if either spouse is hiding assets or cannot participate in a productive conversation. In these situations, mediation can pressure a vulnerable spouse into an unfair deal. The court process exists partly to protect people in these kinds of circumstances. A divorce attorney can help you decide whether your situation is viable before you commit to mediation.

Call a Geneva, IL Divorce Lawyer Today

Our Kane County, IL divorce attorneys have experience with family law cases, including helping clients through the mediation process. Call Serrano Hanson & Hurtado, LLC at 630-844-8781 today to set up a free consultation. 

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