What Happens if Divorce Mediation Does Not Work in Illinois?

 Posted on August 30, 2026 in Family Law

Divorce mediation gives spouses a chance to settle disagreements without asking a judge to make every decision. However, even when both spouses enter mediation hoping to reach an agreement, they may find that some issues are too difficult to resolve.

An unsuccessful mediation does not mean your divorce process has to start over. If your divorce mediation stalls, a Kane County divorce attorney can help you decide what to do next.

What Happens When Spouses Cannot Agree During Illinois Divorce Mediation?

A mediator helps spouses work through disputed issues and explore possible solutions. Unlike a judge, the mediator cannot make decisions for you or require either of you to accept an agreement.

When mediation reaches a standstill, the divorce can still move forward. You and your spouse may continue negotiating through your attorneys. If you still cannot reach an agreement, the court can decide the remaining issues.

This does not mean the time spent in mediation was wasted. If you resolved some issues along the way, you have fewer disagreements left to address as the divorce continues.

Can We Agree on Only Certain Issues During Divorce Mediation?

Mediation does not have to resolve every disagreement to make progress. Spouses may find common ground on certain parts of the divorce while remaining far apart on others.

For example, you might agree on how to divide certain property but remain in conflict over maintenance. Parents may make progress on a parenting schedule but still disagree about who will make certain major decisions for their child.

Your attorneys can help determine how the agreements reached during mediation should be documented and presented to the court. The remaining issues can then continue through the divorce process.

What Happens if We Can’t Agree on Parenting Issues in Illinois?

Illinois has specific rules for disputes involving parenting plans. Under 750 ILCS 5/602.10, courts generally order parents to go to mediation when they need help creating a parenting plan. However, there are some exceptions, such as the existence of  domestic violence, when mediation will not be ordered to  take place.

When mediation does not produce an agreement, each parent needs to submit a proposed parenting plan. The court may then appoint a guardian ad litem or order a custody evaluation and hold a hearing and decide parental responsibilities based on a child's best interests.

Can We Try Divorce Mediation Again Later if It Doesn’t Work the First Time?

One unsuccessful attempt at mediation does not always mean that further talks will fail. Sometimes, spouses need more information or time before they are ready to make a decision.

Another attempt at mediation may make sense after:

• A home or business has been valued
• Missing financial records have been provided
• The spouses have had time to review a proposed settlement
• A temporary court order has addressed an immediate problem
• A judge has given input on how a case would likely be resolved 

You don’t necessarily want to continue mediation when no progress is being made. Instead, your attorney can help you evaluate whether another attempt could move the case forward or whether it is time to prepare for court.

Will My Illinois Divorce Go to Trial if Mediation Fails?

A failed mediation does not guarantee that you will automatically go straight to trial. The vast majority of divorce trials don’t co go trial. There may be more time to negotiate before the court needs to step in.

If the case does reach a contested hearing or trial, each spouse can present evidence about the issues that are still open. The judge usually then holds a pre-trial hearing, giving each side an idea of how the case would be decided. If this still doesn’t result in an agreement, the judge will then make the final decision on those matters.

Contact a Kane County Divorce Mediation Attorney Today

When divorce mediation does not lead to a full agreement, you may need help deciding how to move your case forward. At Mirabella, Kincaid, Frederick & Mirabella, LLC, a St. Charles, IL divorce lawyer can explain your options and help you address the issues that remain unresolved. MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb Counties. Call 630-665-7300 to schedule an initial attorney meeting.