Mediation, Arbitration, and Litigation in Illinois Divorces

 Posted on January 22, 2026 in Mediation and Collaborative Law

When a marriage ends, one of the biggest questions couples face is how to handle the divorce process. Some divorces go to court, but most are resolved privately through mediation and, occasionally, arbitration. Each method has its own advantages, challenges, and impact on the final outcome.

Certain divorces are well-suited to mediation, while others need long, detailed litigation. Illinois family courts encourage couples to try to figure out their differences outside of the courtroom whenever possible. An experienced DuPage County divorce mediation attorney can help you understand which approach is right for your 2026 divorce.

What Is Mediation in an Illinois Divorce?

Mediation is a process where both spouses meet with a neutral third party called a mediator. The mediator does not take sides or make decisions. Instead, the mediator guides discussions to help the couple reach agreements on issues like property division, child custody, and support.

Mediation is usually less stressful and less expensive than going to court. It allows spouses to have control over their decisions rather than leaving them to a judge. Agreements reached through mediation can later be written into the final divorce decree and become legally binding once approved by the court.

Mediation is required for many divorce cases with children. Under 750 ILCS 5/602.10(c), Illinois courts must order mediation when parents disagree on "allocation of parental responsibilities" (a parenting plan) unless the court decides there are serious obstacles to mediation.

Mediation is most effective when both spouses are willing to communicate honestly and compromise. However, it may not be a good choice if there is a history of domestic abuse, intimidation, or a major power imbalance between the parties.

How Does Arbitration Work in Illinois Divorces?

Unlike a mediator, an arbitrator does have the authority to issue a ruling. This ruling, called an award, can cover property division, spousal support, and other issues. In many cases, the parties agree in advance to make the arbitrator’s decision binding. Note that Illinois courts always retain final authority over child-related issues.

Arbitration can be faster and more private than traditional litigation. It also allows couples to choose an arbitrator who understands complex family law issues. However, because the decision is often final, there are limited options for appeal if one party disagrees with the outcome.

Arbitration is more formal than mediation but less formal than a full court trial. Not many divorces are dealt with via arbitration, and this process is typically used when couples disagree about one or two important factual property issues.

What Happens During Litigation in Illinois Divorces?

Litigation refers to resolving a divorce through the court system. This is the kind of divorce most commonly shown in movies and T.V. shows. Each spouse is represented by their attorney, evidence is presented, witnesses may testify, and a judge makes final decisions on disputed issues.

Litigation becomes necessary when spouses cannot agree through mediation or arbitration, or when one party will not be honest. It is more common in high-conflict cases involving hidden assets, substance abuse, or domestic violence.

While litigation provides a clear and enforceable resolution, it is usually the most time-consuming and expensive option. It can also be emotionally exhausting for everyone, including young children.

Contact a Naperville, IL Divorce Attorney

If you are considering divorce, contact a DuPage County divorce mediation lawyer at Pesce Law Group, P.C.. Attorney Pesce is Court-approved in DuPage County to serve as a Guardian ad Litem, child's representative, or attorney for the child as the Court may consider appropriate. 

He is also Court-approved in DuPage County to serve as a mediator to resolve custody and visitation matters, and has almost 2 decades of legal experience. Call 630-352-2240 for a free consultation on whether mediation, arbitration, or litigation is best for your situation.