Should I Pursue Mediation or Divorce Litigation in Illinois? 

 Posted on December 18, 2025 in Divorce

Before divorce proceedings begin, it can be difficult to tell whether negotiation will be successful. Spouses often surprise each other in negotiations when fights break out over small issues. Likewise, a couple may also be surprised by how smoothly they can negotiate. Both mediation and divorce trials have pros and cons, so it is advisable to weigh your options before committing to either one. 

Though divorce can come with much uncertainty, our Rolling Meadows divorce attorney at The Law Offices of Curtis Bennett Ross, L.L.C. can guide you through the proceedings. Mr. Ross has over 40 years of experience in family law, so you can trust him to provide you with effective counsel for your needs. 

What Are the Benefits of Divorce Mediation? 

Mediation can be a great strategy for couples who can communicate well and are willing to work hard to minimize hostility and resentment. Openness, honesty, and a willingness to put certain personal differences aside will help divorcing parents focus on more important things like asset division, child support, and child custody. 

Mediation is often less expensive than divorce litigation. It offers an opportunity for both parties to achieve their priorities instead of relying on a judge to make decisions neither spouse is likely to find satisfactory. Compared to divorce litigation, spouses may also be able to work more respectfully together regarding the children following a divorce mediation. 

Most couples using mediation are able to avoid the stresses of litigation. In fact, an article published by Southern Methodist University estimates that 95 percent of divorces in the country settle before trial. Mediation can provide spouses with a pathway to a settlement, saving both parties time, money, and heartache.

What Are the Benefits of Divorce Litigation? 

In certain highly contested cases, litigation can give each spouse a voice in the proceedings. Rather than negotiating with your partner, you can state your case directly to a judge. This may be beneficial in cases where there is a major power imbalance between the parties or when facts are in dispute.

If you are considering going to trial, working with a skilled divorce lawyer is highly advisable. Attorney Curtis Ross has served as court-appointed financial expert in family law cases, allowing him to make strong, fact-based financial arguments in cases involving alimony and property division. He can also cooperate with outside experts who are brought in during trial, like guardians ad litem. 

How Divorce Mediation Works in Illinois Divorces

Mediation is used to help married couples reach agreements about common divorce issues. Points of contention usually include property division, alimony, and custody of children. The mediator will help to bridge the divide between you and your spouse, offering creative solutions.

Mediation sessions are usually held in a place that both spouses agree on. Sometimes, mediation sessions are held in public, such as a cafe. In other cases, sessions might be held at the mediator’s office.

The length of mediation often depends on several factors. Most divorcing couples require three or four mediation sessions. However, if a divorce case is complicated or contentious, mediation can take longer to complete.

When Should I Give Up on Mediation in a Rolling Meadows Divorce?

Mediation can save time and money, but it only works when both spouses are willing to cooperate. You might consider ending mediation if your partner does not show up on time or refuses to share important information. If you feel bullied by your spouse, mediation may not be a safe place to negotiate. 

Another sign is when you have tried multiple sessions without making real progress. If your mediator warns that you are stuck and that you will spend months going in circles, it may be time to switch to litigation. A trial may also be necessary if you are dealing with an abusive or violent spouse.

If you decide to move forward with a trial, our Rolling Meadows divorce lawyer can gather evidence, prepare your case, and argue for your rights in court. Transitioning from mediation to litigation does not mean you have failed. Rather, you are choosing the path that best protects your interests and your family’s future.

How Are Divorce Trials Handled in 2026?

If you go to trial, you and your spouse must share financial records, parenting plans, and other documents before the hearing. The court often schedules a meeting called a pretrial conference to see if you can agree on any issues without a trial. Judges will often make suggestions on how they will likely rule to try to avoid a full trial.

On trial day, each spouse’s attorney gives an opening statement to explain their side. You can call witnesses to support your case. You will also need evidence to back your argument, such as tax returns, home appraisals, or school reports. The court will make decisions based on established guidelines and laws. For instance, the court will always divide marital property in "just proportions" according to 750 ILCS 5/503.

There is no jury in Illinois family law cases. Instead, the judge will hear both sides and make the final decision. When all other methods fail, a divorce trial can bring your marriage to a close.

Contact a Rolling Meadows, IL Family Law Attorney

If you are considering ending your marriage, our experienced Skokie, IL divorce attorney can help you. To set up a free limited consultation with The Law Offices of Curtis Bennett Ross, L.L.C., call our office today at 312-984-1514. Attorney Ross has over 40 years of experience and is a trained mediator who can help you understand how to get the most out of divorce mediation.