Is Divorce Mediation Mandatory in Illinois?

Divorce mediation is a valuable and effective tool in family law cases in Illinois. The Court enthusiastically encourages parties to attempt mediation to resolve their disputes before proceeding to trial. But, is divorce mediation mandatory in Illinois?

The short answer is “sometimes.” Illinois law does not require mediation in every divorce case or for every issue. However, the Court will order mediation in certain disputes involving children, particularly those concerning parenting time and the allocation of parental decision-making.

Understanding when mediation is required in Cook County and when it is optional requires looking at three overlapping sources of authority:

• The Illinois Marriage and Dissolution of Marriage Act (IMDMA)
• The Illinois Supreme Court Rules
• Local rules of the Cook County Circuit Court

What is Divorce Mediation?

Mediation is a confidential, non-adversarial process in which a neutral third party helps spouses attempt to resolve disputes. Unlike a judge or arbitrator, a mediator does not make any decisions for the parties. Any agreement reached through mediation becomes binding only if the parties voluntarily agree and the Court approves it.

Mediation is a great a way to:

• Reduce conflict and litigation costs
• Encourage cooperative co-parenting
• Resolve disputes more efficiently than litigation

The law in Illinois provides courts with broad authority to order mediation for divorcing parties, particularly in cases involving children.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA)

Section 602.10(c) of the IMDMA addresses mediation in family law cases. This provision governs parenting plans and the allocation of parental responsibilities.

Under Section 602.10(c), when parents are unable to agree on a parenting plan or they seek to modify an existing parenting plan, the court “shall order mediation” to assist the parties in resolving those issues, unless the court determines that an impediment to mediation exists.

This language is important. The word “shall” creates a presumption that mediation is required in disputes involving:

• Parental decision-making authority
• Parenting time

In practice, this means that in most Illinois divorce cases involving minor children, mediation is not merely encouraged, it is expected.

What are “Impediments to Mediation”?

The IMDMA recognizes that mediation is not appropriate in every case. Section 602.10(c) allows the court to excuse mediation when impediments exist. While the statute does not provide an exhaustive list, impediments may include:

• Domestic violence or abuse
• Orders of protection
• Coercion, intimidation, or safety concerns
• Substance abuse or severe mental health issues

Mediation is Not Mandatory for All Divorce Issues

It is equally important to understand what the IMDMA does not require.

Illinois law does not mandate mediation for:

• Property division
• Spousal maintenance (alimony)
• Child support
• Allocation of marital debt

That said, courts retain broad discretion to order mediation on non-child issues, particularly where it may streamline litigation or promote settlement. Whether mediation is ordered in those circumstances often depends on local court rules and the preferences of the assigned judge.

Illinois Supreme Court Rule 905

The IMDMA is reinforced by Illinois Supreme Court Rule 905, which requires each judicial circuit in Illinois to establish mediation programs for child-related disputes.

Rather than imposing a one-size-fits-all statewide process, Rule 905 delegates authority to local circuits to develop their own mediation programs, standards, and referral procedures. This is why local rules, particularly in Cook County, are so significant.

What are the Local Rules in Cook County Circuit Court?

Cook County has a detailed and structured mediation system.

Under Cook County Circuit Court Local Rules, Part 13.4, mediation is mandatory for certain categories of disputes unless an impediment exists. These disputes typically include:

• Initial allocation of parental responsibilities
• Modifications of parenting time or decision-making
• Child relocation disputes

If the court determines that mediation is appropriate, the parties are required to participate. Failure to comply with a mediation order can result in sanctions or delays in court proceedings.

Family Court Services (FCS) Mediation

In Cook County, many parenting disputes are referred to Family Court Services (FCS) (formerly known as Family Mediation Services/FMS) for mediation. FCS mediators are trained professionals who handle child-related cases pursuant to court order.

While participation may be mandatory, settlement is not. Parties cannot be forced to agree, only to attempt resolution in good faith.

Discretionary Mediation for Financial Issues

Cook County judges also have discretion to order mediation on financial or procedural issues, even when children are not involved. This may include:

• Property division disputes
• Spousal maintenance disagreements
• Discovery disputes
• Post-judgment enforcement issues

In these cases, mediation is not automatically required by statute, but courts often view it as a practical tool to narrow issues or encourage settlement.

What Happens if Mediation is Successful?

If the parties reach agreement in mediation:

• The agreement is put into writing
• Attorneys (if involved) review the terms
• The court approves and incorporates the agreement into a court order

Only after it is entered as an order of the court does the agreement become legally enforceable.

What if Mediation Fails?

If mediation does not resolve the dispute:

• The case proceeds through litigation
• The court sets deadlines for discovery, pretrial conferences, or trial
• Statements made in mediation generally cannot be used in court

Participation in mediation does not waive a party’s right to trial.

When is Mediation Not Appropriate?

Both the IMDMA and Cook County local rules recognize that mediation is not appropriate in every case. Parties may object to mediation by demonstrating:

• A current or prior order of protection
• Credible allegations of abuse
• Serious safety concerns

In this situation, the court has discretion to:

• Waive mediation entirely
• Implement safeguards (such as shuttle mediation or separate sessions)

A Trusted Mediator Can Help Resolve Your Divorce Quickly

Divorce mediation plays a central role in Illinois divorce cases involving children. While Illinois does not mandate mediation in every divorce, cases involving children will most likely involve mediation at some point.

For parties pursuing divorce in Illinois, especially in Cook County, finding the right mediator is an important step toward reaching a settlement everyone can live with. When your mediator is also an experienced family law attorney, they have the tools to assist you in reaching an agreement that can be easily incorporated into an enforceable court order. The attorneys of O. Long Law, LLC, provide mediation services to clients throughout Cook, Lake, and DuPage Counties. Reach out to the firm today to schedule your first mediation session.