By: Gordon & Perlut, LLC
When you are thinking about filing for divorce in the Chicago region, the prospect of going to court and having details of your private marital life out in the open can feel daunting. While an experienced Chicago area divorce attorney can represent you zealously in the courtroom and can advocate for your rights, you may still be wondering whether there are alternative options available. One possible solution is divorce mediation.
Mediation can be a great option if both sides are willing to negotiate with one another and potentially reach a solution without initially involving the court. There are also several other benefits to mediation. However, mediation is usually not the best option for parties expecting an extremely contentious divorce or in divorce situations involving domestic violence.
In Illinois and the Chicago region, divorce mediation is governed by our state’s version of the Uniform Mediation Act (710 ILCS 35/). According to the Illinois statute, it is defined as “a process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.” Communication does not necessarily have to mean verbal communication with your spouse. To be sure, mediation communication can mean “a state, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.”
A mediator is the person who conducts the mediation, and it is always a neutral third party. Each party in the mediation can and should have his/her own divorce attorney with them during the process. If the parties involved in the mediation are unable to reach an agreement, then the divorce can proceed in the courtroom. We want to tell you more about some of the pros and cons, or benefits and limitations, of divorce mediation.
There are many benefits to divorce mediation, including, but not limited to the following:
While mediation can be extremely helpful for some couples, there also are limitations to mediation. The following are some cons associated with mediation for a Chicago area divorce:
Divorce mediation is a voluntary process designed to facilitate communication and negotiation between spouses who are seeking to end their marriage. A neutral third party, known as a mediator, guides both individuals through discussions to help them address and resolve key issues related to their divorce.
These issues often include the division of marital property, child custody arrangements, visitation schedules, and child and spousal support agreements. The goal of mediation is to reach a mutually beneficial agreement that meets the needs of both parties while reducing the adversarial nature of divorce proceedings.
In the state of Illinois, courts frequently mandate mediation for disputes specifically related to child custody and parenting before any trial commences. This requirement is intended to encourage parents to work together to create a parenting plan that serves the best interests of their children. However, mediation concerning financial matters, such as property division and support, is generally not a requirement; instead, it remains a voluntary option that couples can choose to pursue if they wish to negotiate a settlement amicably.
The duration of the mediation process can vary significantly depending on several factors. The complexity of the issues being negotiated, the willingness of both parties to engage openly in discussions, and the level of conflict between them all play crucial roles in determining the timeline. Some cases may be resolved in just a few mediation sessions, possibly taking only a few weeks, while more complicated situations could stretch over several months, requiring multiple meetings to fully address and resolve all outstanding matters.
What Are the Benefits of Mediation?
While it’s not mandatory to have legal representation during mediation, it is highly advisable for individuals to consult with an attorney prior to finalizing any agreements. An attorney can provide valuable guidance on legal rights, help ensure that the proposed agreement complies with relevant laws, and protect their client’s interests throughout the process. This is especially important when dealing with complex legal and financial matters that may arise during mediation.
Once both parties reach a consensus and create a mediated agreement, the mediator drafts this agreement into a formal document. This document is then submitted to the court for approval. After the court reviews and approves the agreement, it becomes legally binding. This means that both parties are obligated to adhere to the terms outlined in the agreement, and failure to do so could result in legal consequences.
If mediation does not lead to a mutual agreement, the parties retain the right to take their case to court. In this scenario, a judge will intervene and make the final decisions regarding any unresolved issues. This judicial determination can include rulings on child custody, property division, and support obligations, often leading to a more contentious and adversarial experience than what might have been achieved through mediation. Ultimately, mediation offers an opportunity for couples to resolve their differences amicably, but if that fails, the court can step in to provide a resolution.
Do you have questions about going through divorce mediation? An experienced divorce mediation attorney in Chicago can speak with you today about the mediation process and whether it is appropriate for your case. Contact Gordon & Perlut, LLC to learn more about how we can assist with divorce mediation and other divorce matters in Illinois.
(Updated 4/18/2025)