Mediation in Illinois Family Court

What is mediation in Illinois family court?

Mediation is a voluntary (or court-ordered) process in which a neutral, certified mediator meets with both parties to help them reach a negotiated agreement on contested issues. The mediator does not make decisions — only a judge can do that. Instead, the mediator facilitates communication and helps both parties explore options.

Mediation is not binding unless both parties sign a written agreement at the end. If mediation resolves all parenting issues, the parties file a Parenting Plan that reflects the agreed terms and submit it to the court for approval. If mediation resolves financial issues as well, the parties may file a complete Marital Settlement Agreement.

Courts routinely require mediation before setting a case for a contested hearing. A successful mediation saves both parties the time, expense, and stress of an evidentiary hearing.

When is mediation required?

Illinois courts can order mediation at any point in the proceedings. Whether mediation is required and when depends heavily on which circuit your case is in. Local rules vary significantly between circuits.

You should check your specific circuit's local rules. Many circuits, particularly in the Chicago area, require mediation before any contested parenting matter can be scheduled for trial. Courts can also order mediation sua sponte (on their own motion) when the case appears to involve issues that might be resolved through negotiation.

What mediation is not

Understanding what mediation cannot do is as important as understanding what it can do:

• Not a court hearing — the mediator has no authority to order anything; only a judge can enter orders.
• Not binding unless you agree — you cannot be forced to accept any outcome in mediation.
• Not legal advice — the mediator cannot give legal advice to either party. If you want advice about whether a proposed agreement is fair, consult an attorney before signing.
• Confidential — communications in mediation are confidential under the Illinois Uniform Mediation Act (710 ILCS 35/). Neither party can use what was said in mediation as evidence at trial.

Exceptions to confidentiality include: safety concerns, threats of violence, and evidence of child abuse. These can and should be reported regardless of the mediation context.

How to prepare for mediation

Preparation is the difference between a productive mediation session and one that wastes time. Before your session:

1. List your priorities — identify the two or three issues that matter most to you and the issues where you have more flexibility. Know what you want and what you can give on.
2. Gather key documents — for parenting issues: the current schedule, the children's school calendar, your work schedule. For financial issues: both parties' income documents and current expenses.
3. Know your BATNA — Best Alternative to a Negotiated Agreement. Your BATNA is what a judge would likely order if mediation fails and you go to a contested hearing. A realistic understanding of your BATNA helps you evaluate whether a proposed agreement is worth accepting.
4. Think about the children's schedule — come with specific schedule proposals: school-year weekday schedule, weekends, holidays, school breaks, and summers. The more concrete your proposals, the more productive the session.

If mediation fails

If mediation does not result in an agreement on some or all issues, the mediator files a report with the court stating that mediation was attempted but unsuccessful. The content of mediation sessions — what each party said, offers made, positions taken — remains confidential under the Illinois Uniform Mediation Act (710 ILCS 35/) and cannot be used as evidence at the subsequent hearing.

After a failed mediation, the case is scheduled for a contested evidentiary hearing before a judge. The judge will hear testimony, review evidence, and make a ruling on the contested issues. If mediation resolved some but not all issues, the hearing addresses only the unresolved issues.