Can Mediation Work for a High-Conflict Divorce in Illinois?

 Posted on August 04, 2025 in Mediation

Divorce can be difficult under the best of circumstances. However, when spouses have a highly-conflicted dynamic, the process may feel overwhelming. Mediation is often viewed as a cooperative method for resolving disputes, but it can still be effective even when the couple appears unable to agree.

In Illinois, many high-conflict couples use mediation to avoid lengthy court battles. The goal is to reach more peaceful resolutions with professional support. A Wheaton, IL mediation attorney can help guide you through the process and improve communication, even when tensions are running high.

How Can a Mediator Help When a Couple Fights During the Divorce Process?

A mediator acts as a neutral third party and helps both sides stay focused on problem-solving instead of arguing. In high-conflict situations, a trained mediator can assist in several key ways, including:

• Managing emotions: Mediators can help keep discussions calm and prevent fights from escalating during sessions.

• Improving communication: They help spouses express concerns respectfully and productively.

• Staying on track: The mediator ensures the conversation stays focused on legal and practical issues, not past personal grievances.

• Brainstorming fair proposals: By understanding each party’s priorities, the mediator can help formulate agreements that meet both sides’ needs.

Mediation is also confidential. Under 750 ILCS 5/502, settlement agreements can be made part of the final divorce decree if both spouses agree. However, the discussions in mediation are not shared with the judge unless both parties consent. This allows spouses to speak more openly and work toward more creative solutions than might be possible in open court.

Do You Have To See Your Spouse During Divorce Mediation?

Many people hesitate to try mediation because they assume it means sitting across the table from their spouse. However, Illinois law allows for flexibility in how mediation is handled. If the spouses cannot be in the same room, the mediator may use "caucusing," which involves meeting with each party separately.

With caucusing, the mediator moves between the spouses and helps them work toward an agreement without direct interaction. This can be especially helpful in high-conflict divorces where face-to-face meetings would likely increase tension.

Illinois courts often require mediation in cases involving children. Under Illinois Supreme Court Rule 905, parents must attempt mediation before taking child-related disputes to trial. This rule is based on the idea that cooperation between parents is usually in the best interest of the child.

What Happens in a High-Conflict Divorce if Mediation Does Not Work?

Mediation does not always lead to a full agreement. In high-conflict cases, the couple may only resolve some issues or reach no agreement at all. When that happens, the divorce process continues in court. However, even partial agreements can reduce the number of issues a judge must decide, saving time and legal fees.

If mediation fails, the court may issue temporary orders under 750 ILCS 5/501 to protect the interests of both spouses and any children involved. This may include orders about property use, support, or parenting time while the case is pending.

Schedule a Free Consultation With a DuPage County, IL Mediation Attorney

If you are facing a high-conflict divorce, mediation may still be a valuable option. With the guidance of the experienced Wheaton, IL divorce lawyers at Andrew Cores Family Law Group, you can pursue peaceful solutions and avoid unnecessary litigation.

Attorney Andy Cores brings additional insight to the mediation process through his work with the Collaborative Law Institute of Illinois, where he is a Fellow and former TEC Committee member. His professional recognitions, including being named a Leading Lawyer and consistently selected for Illinois Super Lawyers since 2012, reflect a strong commitment to resolving complex family law matters with skill and integrity. Call 630-871-1002 today to schedule your free consultation.