What to Expect From Divorce Mediation

 Posted on September 12, 2025 in Divorce

When facing a divorce, many people picture a long, drawn out court battle. In Illinois, however, the vast majority of divorce cases do not go straight to trial. Judges expect spouses to try mediation first, especially when children are involved. Mediation is a less confrontational way to resolve a case, and it usually saves time, money, and stress.

At the same time, going through mediation does not mean you do not fight for your rights or that you do not need an attorney to look out for your interests. At Hensley Sendek Law, our Naperville family lawyer guides clients through divorce mediation. But first, we offer free consultations to help you understand whether mediation may be the right step for you.

What Is Divorce Mediation?

Mediation is when an unbiased third party, called a mediator, helps spouses work through issues like property division, parenting time, child support, and alimony. The mediator does not make decisions or take sides. Instead, the mediator helps along the discussion, points out possible compromises, and helps the couple reach agreements.

Illinois law encourages mediation to reduce conflict and keep cases from overwhelming the court system. Under 750 ILCS 5/602.10, the law specifically says that judges may order parents to go to mediation if they cannot agree on the allocation of parental responsibilities or parenting time. 

Even if you do not have children, mediation can still be helpful. Many couples use it to finalize what they will do about property, retirement accounts, or debt disagreements. Judges encourage this because cases that settle in mediation tend to move more smoothly through the court system.

What Happens During Divorce Mediation Sessions?

Mediation sessions typically last one to two hours and may take place in person or online. Both spouses and their attorneys may attend, although in some places the first few sessions are just between the spouses and the mediator. The mediator will identify the issues that need to be addressed, guide the conversation, and encourage solutions.

For example, if you and your spouse disagree on visitation (parenting time) schedules, the mediator may ask each of you to explain your concerns. Then, the mediator helps you look at practical solutions, such as alternating weekends or adjusting schedules to account for work commitments. If you are negotiating finances, the mediator may help outline options for dividing assets fairly.

The Many Benefits of Divorce Mediation

Mediation offers several advantages over litigation. It is usually faster and less expensive than going to trial. It also allows people to maintain more control over the outcome of their divorce instead of leaving decisions entirely in a judge’s hands. Mediation can also help parents fight less, which is especially important for protecting children from the harmful effects of divorce.

Another benefit of mediation is privacy. Court hearings are public, but mediation is confidential. That means you can discuss sensitive issues without worrying about them becoming part of the public record.

What If Mediation Does Not Work?

Not every case can be resolved in mediation. If spouses cannot agree, the case will move forward in court. However, even partial agreements made in mediation can narrow down the issues that need to be decided in trial, saving time and expense later. Judges take mediation seriously, and showing that you participated in good faith can be good for your case.

Contact a Naperville, IL Divorce Mediation Lawyer

Mediation can make the entire divorce process more manageable. At Hensley Sendek Law, our West Chicago family lawyer has the experience and compassion to guide clients through mediation while protecting their rights. We offer free consultations to discuss your situation and explain how mediation may help. Call 630-358-9029 today.