Mediation of parenting issues is required in most cases
Three layers of Illinois law point parents toward mediation. Section 602.10(c) of the Illinois Marriage and Dissolution of Marriage Act says the court shall order mediation to help parents form, change or carry out a parenting plan unless it finds that impediments to mediation exist. Illinois Supreme Court Rule 905 requires each judicial circuit to run a mediation program for cases involving the allocation of parental responsibilities, relocation and parenting time, including divorce and paternity cases. The current rule, last amended December 2, 2025, effective March 1, 2026, also addresses remote video mediation and interpreters at no cost.
Rule 923(a) sets the timing. An initial case management conference must be held within 90 days after service, and if the parents have not agreed on parental responsibilities or a parenting plan, the court schedules mediation under Rule 905(b). In Cook County, Rule 13.4(e)(ii)(b) of the Circuit Court rules makes mediation mandatory for four kinds of contested issues unless an impediment exists. They are the initial allocation of parental responsibilities, a modification of an allocation, a child's relocation, and non-parent visitation or third-party allocation.
Mandatory does not mean you must settle. Cook County Rule 13.4(e)(i)(a) says parties must attend mediation sessions but are not compelled to reach an agreement. Before mediation, Cook County Rule 13.4(f) requires parties referred to mediation to complete the court's Focus on Children parenting class before their first mediation session, unless the court excuses it for good cause. The court also authorizes an online class, which a parent who lives outside Cook County may use. Statewide, Rule 924 requires parenting education within 60 days after the initial case management conference.
Rules you are most likely to see
| Rule or section | What it says |
|---|---|
| 750 ILCS 5/602.10(c) | Court orders mediation for parenting plans unless impediments exist |
| Ill. S. Ct. R. 905 | Every circuit must run a mediation program for parenting issues |
| Ill. S. Ct. R. 923 | Initial conference within 90 days of service; mediation if no agreement; full conference within 30 days after mediation |
| Ill. S. Ct. R. 924 | Parenting education within 60 days after the initial conference |
| Cook Co. Cir. Ct. R. 13.4(e) | Mandatory and discretionary mediation, impediments, scheduling, reports and confidentiality |
| Cook Co. Cir. Ct. R. 13.4(f) | Parenting education program before mediation |
Exceptions: abuse, impairment and other grounds
The main exception is an "impediment to mediation." Cook County Rule 13.4(e)(i)(b)(3) defines it as a circumstance that may make mediation inappropriate or unreasonably interfere with it. Impediments may include past or present family violence or abuse, mental or cognitive impairment, alcohol abuse or chemical dependency. Family violence or abuse includes harassment, intimidation and interference with personal liberty. The committee comments to Rule 905 list similar examples.
Other protections apply:
- If an order of protection is in effect, Rule 13.4(e)(ii)(a) says mediation cannot be ordered unless the court determines a referral is appropriate. Cases sent to the court's own mediation service follow that service's safety procedures.
- In Cook County, the mediator must screen for impediments before mediation begins, in person and separately with each party, and keep that information confidential from the other party.
- In Cook County, a party may object to a mandatory parenting mediation referral only on the ground that an impediment exists, and may raise the objection at any time.
- Statewide, section 404(b) of the Act lets the court, for good cause, prohibit any process that requires the parties to meet without counsel.
If you have safety concerns, raise them with your attorney and the court early. Our guide to the Illinois Domestic Violence Act explains orders of protection.
Financial issues and voluntary mediation
Illinois does not require mediation of money issues in every divorce, but Cook County judges have discretion to order it. Rule 13.4(e)(ii)(c) says mediation is discretionary for financial issues, discovery disputes and other contested issues, and it may be ordered over a party's objection. The court must consider the parties' financial resources first. For discretionary mediation, a party may object based on an impediment or good cause.
Rule 13.4 also allows other forms of alternative dispute resolution if both parties agree. With the consent of the parties and the mediator, mediation may include evaluative mediation, in which the mediator gives a settlement recommendation at the parties' request. That recommendation may not be given to the court without the parties' consent, and the court is not told which party rejected it.
Spouses can also choose mediation on their own at any stage. A full or partial agreement reached in mediation is written up in a memorandum of understanding, and attorneys often turn it into a marital settlement agreement.
Choosing a mediator in Cook County
The Circuit Court of Cook County describes three paths:
- Family Court Services. If parenting issues are contested and the parents do not agree on a mediator, the court refers them to its own service, called Family Mediation Services in Rule 13.4 and Family Court Services on the court's website. The rule describes it as offering mediation at no charge. Its office is at 69 W. Washington St., Suite 1000, Chicago.
- A court-certified mediator. For discretionary financial mediation, the court may appoint a mediator from its certified list, which for those issues includes only Illinois attorneys. The court sets the fee split in an order.
- A private mediator by agreement. Parents may agree on any mediator who can serve without delaying the trial schedule, and the court must appoint that mediator.
Once mediation is ordered, Rule 13.4(e)(iii)(d) says the parties must contact the mediator within 7 days, and the first session should be held within 35 days unless there is good cause for a later date. Parties must attend in person unless the mediator excuses them, and an attorney may come with you. A mediator may ask for a mediation summary, your proposed parenting plan and your financial affidavit no later than 3 business days before a session. Existing court orders stay in effect during mediation, and unless the parties agree or the court orders otherwise, there is no discovery on parenting issues while they are being mediated.
Under Rule 13.4(e)(ix), mediation communications are confidential and privileged as provided in the Uniform Mediation Act, 710 ILCS 35, subject to the exceptions in that law. Mediators must also explain Illinois child abuse reporting duties at the start.
What happens when mediation fails
Rule 13.4(e)(vi) says mediation is complete when the parties sign a written settlement, the court approves an oral settlement, the mediator certifies that mediation ended with no agreement or only a partial agreement, or the court ends it for good cause. Within 7 days, the mediator reports to the court on a form stating only the date, who took part, whether a settlement was reached and whether more mediation is planned. The mediator does not tell the judge who was reasonable or what was said.
Rule 923(b) then calls for a full case management conference within 30 days after mediation is completed, where the court considers appointing a guardian ad litem, child representative or attorney for the child. If there is no agreed plan, each parent files a proposed parenting plan under section 602.10, and the court decides the remaining issues at a hearing or trial. Rule 922 says parenting cases should be resolved within 18 months from service unless the court extends the time for good cause. Cook County Rule 13.4(e)(iv)(c) says a referral to mediation may establish good cause.
Other counties, including DuPage, Will and Lake, run their own programs under Rule 905 and their local rules, so procedures differ outside Cook County.
Common mistakes
- Skipping the parenting education class, which can delay mediation.
- Not telling the court or mediator about safety concerns during screening.
- Missing the 7-day deadline to contact the mediator.
- Assuming the mediator will decide the case. Only the judge decides.
- Treating a signed memorandum of understanding as the final, court-approved agreement.
The other parent can object to mediation based on an impediment, propose a private mediator, decline to settle, or ask the court to end mediation for good cause.
How Chicago Family Attorneys can help
- Explain whether your case is subject to mandatory or discretionary mediation.
- Raise impediments and safety concerns with the court.
- Prepare your parenting plan, financial affidavit and mediation summary.
- Attend mediation with you or advise you between sessions, and turn agreements into court documents.
- Offer limited scope help: document drafting from $500 or one hearing appearance from $1,200.
Full representation starts with an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. See the divorce mediation cost page, our divorce mediation services and collaborative divorce pages, how to file for divorce in Cook County, and mediation clauses in prenuptial agreements.
This article is general information about Illinois law, not legal advice for your situation, and it does not predict the outcome of any case.
