Is Mediation Required Before Going to Court in Illinois Divorce Cases?

 Posted on November 26, 2025 in Divorce

Illinois law encourages couples to work out disagreements outside of court whenever possible. Mediation is one way to do that. It gives you and your spouse a chance to talk about important issues in a private setting instead of arguing in front of a judge. With help from experienced Geneva, IL divorce lawyers, you have someone to ensure that you receive a fair settlement.

What Does Divorce Mediation Mean in Illinois?

Mediation is a private process where you and your spouse meet with a neutral third person. This mediator helps both of you communicate and try to find common ground. The mediator will not side with either of you. They just try to help you reach an agreement on your own.

Under Illinois Supreme Court Rule 905, courts can order couples to attend mediation in some family law cases. They try to encourage you to cooperate with one another and reduce conflict. The goal is to solve disputes by discussing them civilly, rather than arguing. It can help you and your spouse make decisions together instead of leaving everything up to a judge.

When Is Mediation Required in Illinois Divorce Cases?

In Illinois, mediation is required in many divorce cases that involve children. According to 750 ILCS 5/602.10, if you and your spouse disagree about parental responsibilities or parenting time, the court will likely order mediation. This gives you both a chance to discuss parenting issues in a calm and respectful setting before going to court.

Every county in Illinois has its own local rules for mediation. In Kane County and many other areas, mediation is often mandatory before a hearing about parenting or custody can take place. However, mediation may not be required in every case. For example, if there has been domestic violence, child abuse, or a protective order, the judge can excuse you from mediation as a safety precaution.

What Happens if Mediation Fails in an Illinois Divorce?

Sometimes, mediation does not lead to an agreement. When that happens, the mediator ends the process and reports to the court that mediation was completed. The mediator does not share any details about what was said during the sessions.

If mediation does not lead to an agreement, your case will move forward in court. The judge may schedule additional hearings, appoint a guardian ad litem to represent your children’s best interests, or order further evaluations to help resolve the remaining issues. A guardian ad litem is a specially appointed attorney who investigates the situation and makes recommendations to the court about what will best serve the children’s needs.

Failing to reach an agreement in mediation does not hurt your case. It just means that some issues could not be resolved without a judge’s decision. Even so, the progress made in mediation can help you better understand the other side’s position and make the rest of the process smoother.

Schedule a Free Consultation With Our Kane County, IL Mediation Attorney

Mediation can be one of the most helpful tools during a divorce. Whether you are ordered to attend mediation or choose to try it on your own, the Geneva, IL divorce lawyers at our firm can guide you through the process.

At Serrano Hanson & Hurtado, LLC, we understand that divorce affects every part of your life. We will listen to your concerns, explain your legal options, and help you protect what matters most. Contact us today at 630-844-8781 to schedule a free consultation and learn more about how mediation could help you. Se Habla Español.