Is Mediation Required for Illinois Custody Cases and Divorce?
Direct Answer
Illinois requires mediation for many contested parental responsibility and parenting time disputes, but courts may excuse mediation when good cause exists.
Illinois has a tiered approach to mediation in family law cases. For contested child custody (now called 'allocation of parental responsibilities' under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/600 et seq., as amended in 2016) and parenting time disputes, Illinois Supreme Court Rule 905 requires mediation before the court will hear the contested matter. This requirement applies to cases filed on or after January 1, 2018. The court may excuse mediation for good cause, including cases involving domestic violence, substance abuse, or mental illness that would make mediation inappropriate. For property division and maintenance (alimony) disputes in divorce cases, mediation is not mandatory but is strongly encouraged and frequently ordered by the court. Illinois is an equitable distribution state — marital property is divided equitably (not necessarily equally) under 750 ILCS 5/503. The Illinois Collaborative Process Act (750 ILCS 90/) provides an alternative to mediation for divorce cases. Mediators in Illinois family cases must be familiar with the 2016 amendments to the IMDMA, which replaced 'custody' and 'visitation' with 'allocation of parental responsibilities' and 'parenting time,' and introduced new standards for relocation.