How Does Mediation Work in Illinois?

 Posted on November 14, 2025 in Divorce

If you are going through a divorce or another family law issue, you might benefit from attending mediation. The structure of mediation is very different from a divorce trial, and if you go in with preconceived notions about what the process entails, you could be caught off guard during negotiations. A Plainfield, IL family law attorney can help you prepare for mediation and advise you of how to advocate for your rights.

At the Law Offices of Tedone and Morton, P.C., we assist our clients with aggressive negotiation strategies geared toward protecting their best interests. We will provide you with personalized service throughout your case, tailoring our strategy to suit your unique situation.

Mediation Takes Place Outside of Court

One of the major differences between a traditional family law trial and mediation is the setting. Rather than a courtroom, mediation can be conducted anywhere the parties agree upon, usually in a neutral setting like a cafe or the mediator’s office. Mediation sessions can last for one to three hours, typically across multiple sessions over the course of weeks or months.

The setting of mediation reflects the more informal nature of the proceedings. For some couples, agreeing to handle things without the rigid courtroom procedures can help to ease the tension. A comfortable spot for both parties is usually most conducive to a productive session.

Mediation Is a Collaborative Process

The point of mediation is to negotiate a settlement that both parties can agree on. This is a completely different dynamic than litigation, wherein each party states his or her case to a judge, who then makes the final decision. The mediator’s role is only to facilitate the discussion and propose creative solutions to help both parties come to a decision.

As you might expect, this approach encourages parties to "meet in the middle" on certain issues. For instance, if you want to negotiate a property settlement in mediation, you could agree to surrender certain assets in exchange for a valued piece of property.

Sometimes, despite efforts from both parties, medication fails and a trial becomes necessary. Our firm can help you pursue mediation, but we are also more than willing to proceed to litigation if needed.

Mediation Can Be Voluntary or Ordered by the Court

If you and your spouse want to settle your divorce amicably, but disagreements prevent you from reaching a final decree, you could choose to attend mediation on your own. This proactive approach often saves time and money on both sides, provided both parties engage in good faith. The court will also order couples to attend mediation in some cases, such as negotiating a parenting plan for child custody (750 ILCS 5/602.10).

Contact a Will County, IL Family Law Attorney

Mediation serves as a productive way to resolve issues within your family. Before you enter into negotiations, it is important that you seek legal advice and counsel from a legal professional who has your best interests in mind. To schedule a free consultation with our Plainfield, IL divorce lawyers, call the Law Offices of Tedone and Morton, P.C. at 815-666-1285 today.