Can I Settle My Divorce through Mediation?

 Posted on October 26, 2026 in Divorce

No two people are the same. We are all raised differently, come from different backgrounds, and have unique personalities. Similarly, no two marriages are the same. And that is why there is no one way to end a marriage that works for everyone. Some people find that they cannot communicate productively with their spouse and will need others to help them reach an agreement. Some people split with their spouse on good terms and can avoid fighting things out in court to reach a settlement.

If you are considering divorce and are not sure which path is best for you, a DuPage County, IL, divorce attorney can explain your options and help you figure out how you want to move forward. At Goostree Law Group, we help clients pursue ideal results as efficiently as possible, whether through negotiation, mediation, or litigation. We have decades of experience, so you can rely on our insights to guide you through your case.

How Does Mediation Work in 2026?

In most cases, divorce mediation is a fairly straightforward process. The mediator is an unbiased outsider whose primary goal is to help both people leave feeling satisfied with the settlement. As such, both spouses generally think that they were given equal opportunities to voice their opinions and advocate for their interests.

The mediator hears each spouse’s concerns and considerations, and suggests what he or she believes both spouses would consider reasonable compromises until a settlement is formulated. Just like in all other types of divorce, a settlement reached in mediation needs to include agreements about all the aspects of divorce, including:

• Any terms that were settled in any prenuptial or postnuptial agreements the couple might have
• Division of assets and debts
• Spousal support/alimony
• If there are children, the agreement must also include:
• A parenting plan
• Parental responsibilities
• Child support 

Once the couple has finalized agreements on all the above, a divorce petition will need to be filed with the courts.

Why Choose Mediation?

One of the most common reasons for choosing mediation is that it generally takes less time. Court proceedings require several rules and regulations to be followed. Mediation is more direct, and therefore, settlements can be reached faster. Another reason given is the cost. Mediation tends to cost the couple only a fraction of the cost of divorce played out in court.

And last, family court cases can be quite public. Anyone who wants can sit in on a case and observe the proceedings. Some people are not bothered by this, but others might be uncomfortable with their private affairs being discussed in front of the general public. Mediation, on the other hand, provides a more private setting.

Can the Court Order a Divorcing Couple to Attend Mediation?

An Illinois judge can order a divorcing couple to try mediation, most often when they cannot agree on issues involving their children. Each judicial circuit in Illinois has a mediation program for parenting disputes. If parents disagree about parenting time or who makes major decisions, the judge will often send them to a mediator before holding a hearing. Some counties also use mediation to settle money and property issues.

Being ordered to mediation does not mean you must reach a deal. You must attend and take part in good faith. If you and your spouse still cannot agree, the case goes back to the judge. The court may also excuse a couple from mediation in some cases. For example, a history of domestic violence, substance abuse, or a large power imbalance can make mediation unsafe or unfair. If any of these concerns apply to you, tell your attorney right away.

Are Mediated Settlements Subject to a Judge’s Approval?

A settlement reached in mediation still needs a judge’s approval before it becomes part of your divorce. The mediator does not have the power to make your agreement final. Once you and your spouse sign the agreement, your attorneys will present it to the court.

Under Illinois law, the judge will generally accept the terms you agreed on unless they are unconscionable, meaning extremely unfair to one side (750 ILCS 5/502). Terms involving children face a closer look. The judge must make sure the parenting plan and child support terms serve your children’s best interests. The judge can reject terms that do not meet that standard. After approval, the agreement becomes part of the final judgment. Both spouses must then follow it like any other court order.

How Can You Prepare Before Mediation in Illinois?

Preparing for divorce mediation in Illinois should begin with a talk with your attorney. Your attorney can explain your rights under state law. This helps you know what a fair outcome looks like before you sit down with your spouse. You can also discuss which issues are most important to you and where you might be willing to give ground.

Next, gather your financial records. Bring recent tax returns, pay stubs, bank statements, retirement account statements, and loan or credit card statements. Full and honest information keeps the process moving. It also lowers the chance of disputes later.

If you have children, think about a schedule that would work for them. Consider school, activities, holidays, and travel time between homes. Try to focus on their needs rather than on what feels like a win.

Finally, prepare yourself emotionally. Mediation can bring up strong feelings. Plan to stay calm, listen closely, and take breaks if you need them.

Where Is Mediation Usually Held?

Divorce mediation is usually held in a private office, but the location can vary. Many sessions take place at the mediator’s office. Some are held at one of the attorneys’ offices or in a rented conference room. Some courthouses also set aside space for court-connected mediation programs.

Online mediation has also become common. Many mediators now meet with couples by video call. This can save travel time and make scheduling easier, especially when spouses live far apart.

Some couples do not want to be in the same room. In that case, the mediator may use shuttle mediation. Each spouse waits in a separate room, and the mediator moves back and forth between them. The same approach can work online with separate virtual rooms. Your attorney can help you decide which setting will feel safest and most productive for you.

Contact Our Wheaton, IL Divorce Lawyers

Suppose you believe divorce is in your future and are still determining exactly how to proceed. In that case, our knowledgeable DuPage County, IL, family law attorneys can walk you through the possibilities and help you weigh your options. Call Goostree Law Group at 630-584-4800 to set up an initial consultation.