MEDIATION IN DIVORCE

Divorce is never easy. Even when both parties want to resolve things amicably, emotions run high, and making decisions about finances, property, and parenting can be overwhelming. While some couples manage to work out settlements privately, others need a structured process to reach an agreement. In Illinois, mediation is required in cases involving children, but it can also be a valuable tool for resolving financial and complex property disputes efficiently and with less stress.

Understanding Mediation in Illinois
Mediation is a guided negotiation process led by a neutral third party. The goal is to help divorcing couples reach agreements without the need for costly and drawn-out litigation. Illinois courts require mediation in disputes involving minor children and often encourage it in other areas to promote resolution and reduce conflict.

Mediation Instead of Litigation
Mediation is not required for financial or property disputes, but it can be a highly effective and efficient way to resolve them. In some cases, a judge may recommend mediation, and many couples voluntarily choose it to avoid a prolonged court battle. It is especially useful in the following situations:

• Financial and Property Disputes: Dividing assets, whether it’s a home, savings, or investments, can be contentious. Mediation allows couples to craft solutions tailored to their specific needs, often with more flexibility than a court would allow.
• Prenuptial and Postnuptial Agreement Disputes: If there is a disagreement over a prenuptial or postnuptial agreement, mediation provides a space to clarify and negotiate terms without the stress of litigation.
• Business Ownership and Division of Interests: Divorce can create uncertainty for business owners. Mediation helps ensure that business interests are handled thoughtfully, preserving goodwill, continuity, and long-term value.

The Advantages of Mediation
Mediation offers several benefits over traditional courtroom battles:

• Privacy: Court proceedings are public, but mediation is confidential.
• Cost-Effectiveness: Mediation is typically less expensive than going to trial.
• Control: Rather than leaving the decision to a judge, mediation allows couples to reach agreements that work for them.
• Efficiency: Mediated settlements are usually finalized faster than litigated ones, allowing both parties to move forward sooner.

When Mediation Might Not Work
Mediation isn’t right for everyone. If one spouse has significantly more financial knowledge, control of information, or emotional power in the relationship, the process may not be productive. In such cases, attorney-assisted mediation—where your divorce attorney attends mediation with you—can help ensure that your rights are protected and that you have all the necessary information to make informed decisions.

Do I Need an Attorney During Mediation?
If both spouses have a fairly equal understanding of their finances and a balanced emotional dynamic, hiring an attorney to attend mediation may not be necessary. However, hiring an attorney to consult with before mediation is crucial. You need to know what the law requires, what issues must be resolved, and what a fair agreement looks like before you start mediation. Without legal guidance, you may unknowingly agree to something that is grossly unfair. While mediation agreements are not immediately binding, once you’ve reached a settlement, it can be extremely difficult to renegotiate terms. The best approach is to understand your rights and set realistic expectations before entering the mediation process.

Final Thoughts
In Illinois, mediation is required for child-related disputes, but it is also an effective and often beneficial option for financial and property matters. It can provide a less stressful, cost-effective, and efficient way to resolve conflicts privately. Whether mediation is court-ordered or voluntary, taking the time to consult with an experienced family law attorney—one skilled in both litigation and mediation—can help you make the best decisions for your future. 

Michone J. Riewer is the managing partner at Strategic Divorce in Lake Bluff, 847-234-4445, strategicdivorce.com.