Does Illinois Law Require Mediation for Post-Divorce Disputes?

 Posted on June 22, 2025 in Mediation

The most common reason to revisit a divorce agreement in Illinois is to address issues involving the allocation of parental responsibilities, commonly known as custody. The court can order co-parents to participate in mediation for disputes over child relocation and modification to the parenting plan. If you have questions about modifying elements of your divorce agreement, a Wheaton, IL mediation attorney can help you understand when mediation is required and how to prepare for it.

Is Mediation Ever Mandatory After a Divorce in Illinois?

Illinois law encourages the use of mediation in cases involving child custody. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states, under 750 ILCS 5/602.10, that the court can order mediation in any case involving the allocation of parental responsibilities, whether during or after a divorce. This statute gives judges broad discretion. In many counties, including DuPage County, mediation is a standard part of how parenting disputes are handled post-decree.

When Is Mediation Not Appropriate

The IMDMA states that mediation is not appropriate in cases where the court finds evidence of serious endangerment to the child’s physical, mental, or emotional health. Additionally, if there is a history of domestic violence, the court may waive the mediation requirement and proceed directly with a hearing. You can file a motion to request a waiver, and the court will evaluate the case to determine whether mediation would be harmful or ineffective under your circumstances.

What Parenting Disputes Can Be Mediated in Illinois?

Issues most commonly addressed in mediation include:

• Parenting time schedules, also known as visitation

• Modifications to decision-making responsibilities, commonly known as legal custody

• Disputes about school choice or medical care

• Parental relocation, addressed under 750 ILCS 5/609.2

• Problems interpreting or enforcing parenting plan provisions

• Disputes over child support

Keep in mind that both parties can choose to resolve disputes through mediation without a court order as well.

What Happens During Court-Ordered Mediation in Illinois?

Mediation is facilitated by a neutral third party who is trained to help parents resolve disagreements. Statute 750 ILCS 5/602.10(f) protects the confidentiality of mediation by prohibiting mediators from disclosing statements made during the sessions, except under limited circumstances. A mediator will not make decisions for you. Instead, they guide you toward a workable agreement that can be submitted to the court for approval. If no agreement is reached, the case will move forward to a hearing. 

Contact a Wheaton, IL Mediation Attorney for a Free Consultation

If you are involved in a post-divorce parenting dispute, mediation may be required before your case is heard by a judge. An experienced Wheaton, IL mediation lawyer at Andrew Cores Family Law Group can help you understand whether the issues in your case qualify for mandatory mediation under Illinois law and will discuss the benefits of using mediation to resolve disputes. We are committed to addressing family matters with efficiency and compassion. Contact us at 630-871-1002 to schedule a free consultation and take the next step toward a resolution that serves your family’s best interests.