Using Mediation To Resolve Custody Disputes in Illinois

 Posted on June 15, 2025 in Family Law

Tensions and emotions can run high for co-parents trying to work out disputes over parental responsibilities, commonly known as child custody. Ultimately, everyone should want what is best for the child, and that is not typically a courtroom brawl. Mediation offers another pathway to a resolution that prioritizes the child’s well-being and values the co-parenting relationship. If you have questions about using mediation to resolve custody issues, a Geneva, IL custody mediation attorney can help.

What Is Mediation?

In Illinois, mediation is a confidential process where a third party, often an attorney, is used to help parties resolve disputes by negotiating and compromising. It’s typically voluntary and can be used in cases involving the allocation of parental responsibilities, divorce, and other civil disputes. The mediator does not make decisions for the couple as a judge would in court. Instead, they help the parties communicate more effectively and consider other ways to resolve their disputes. 

What Are the Benefits of Using Mediation for Disputes Over Parental Responsibilities?

There are several ways that co-parents benefit from using mediation to resolve custody disputes:

• It allows parents to focus on the best interests of the children, prioritizing their needs and making more child-centered decisions.

• It provides a safe space for parents to communicate and express their thoughts, laying a foundation for effective communication in the future.

• It allows parents to have more control of the parenting plan, customizing it to better reflect the needs of their family.

• It is often faster and less expensive, saving the family time and resources.

• It is confidential, unlike courtroom litigation, which is public.

Mediation for disputes over parental responsibilities is not an option for everyone. For co-parents with issues like a history of abuse, an uncooperative parent, or a power imbalance, mediation will likely not go well. The process requires heavy cooperation and communication, which is not a viable option in some cases.

What Does the Mediation Process Look Like in Illinois?

The first step in the mediation process is to select your mediator. You may choose together, or one may be appointed by the court. Then, you will have an initial meeting where the mediator outlines the process, discusses the terms of mediation, and listens to the issues you are struggling to resolve. You will then have negotiation sessions facilitated by the mediator. During these sessions, you will explore possible solutions to your disputes in an effort to reach an agreement. When you reach a resolution, the mediator will draft a document that outlines the terms before finally submitting it to the court for approval.

Contact a Geneva, IL Parental Responsibilities Attorney Today

Navigating a dispute over parental responsibilities can be frustrating and stressful, and going through the court system for a resolution may heighten the tension. Mediation is often a better alternative to resolving the issue. At Serrano Hanson & Hurtado, LLC, we want to see parents find common ground and co-parent comfortably for themselves and the best interests of the child. Call us at 630-844-8781 today to schedule a free consultation with our experienced Kane County, IL mediation lawyers. Hablamos Español.