Can Mediation Help With My Divorce?

 Posted on September 15, 2025 in Illinois Divorce

When a divorcing couple cannot agree about a given issue – whether it concerns property division, child custody, or something else – mediation can help resolve the dispute. In mediation, the spouses can discuss a resolution in a less adversarial setting, aided by a neutral third party. If you are considering mediation for your divorce, a Kane County, IL family law attorney can help you pursue an ideal resolution.

Whether you have been ordered to attend mediation or you want to go of your own volition, Weiler & Associates, Inc. can help you prepare. Since our firm was first established in 1982, we have helped hundreds of clients through difficult family law cases, so you can rely on us to provide you with strong representation and counsel.

Is Mediation a Good Alternative to Litigation?

When a divorce escalates to litigation, the spouses will each state their case to the judge, which will involve presenting evidence, including summoning witnesses. This can be a costly, time-consuming endeavor, and as such, it is not ideal in most cases. If you and your spouse have run into a dispute during your divorce, mediation can allow you to settle without the need for a full trial.

Compared to litigation, mediation is a much more flexible process. Instead of leaving the ruling to a judge, you and your spouse can work out an agreement on your own. The mediator can also offer creative solutions to help satisfy both parties, providing impartial guidance until a divorce settlement can be reached (710 ILCS 35/9).

How Mediation Can Help Parents in a Divorce

It is natural for parents to have strong feelings about how parenting time (visitation) and decision-making responsibility (custody) should be divided in a divorce, which can lead to highly emotional disputes. For the children caught between the parents, the stresses of a divorce trial can be traumatic.

When a child custody case goes to trial, the judge will act in the child’s best interests. Ultimately, however, the courts do not have the same insights about your family life that you do. If you can work together with your spouse through mediation, you can reach an agreement that better suits your unique situation. The mediator can help you and your spouse come up with a parenting plan that addresses your concerns about custody.

When Is Mediation Not Appropriate? 

Mediation has many benefits, but it is not right for every divorce. In some cases, it may be best to forgo mediation altogether. Mediation may not be recommended if:

• Your spouse is abusive

• Your spouse is unwilling to cooperate with you in good faith

• Your spouse has a severe substance abuse or mental health issue

If you are left with no other choice but taking your divorce to trial, our team of litigators is here to support you. We will provide you with aggressive representation during your divorce, fighting for the best possible outcome to your case.

Contact a St. Charles, IL Divorce Lawyer Today

Mediation can help to alleviate the stress often associated with contested divorces. At Weiler & Associates, Inc., our Kane County, IL divorce mediation attorneys can help you resolve the outstanding issues standing in your way of a divorce settlement. Call us at 630-331-9110 to schedule an initial consultation.