What Does it Take to Succeed in Mediation?

 Posted on November 04, 2026 in Mediation

Not every family law case has to be resolved by a judge. Even cases where the two sides are far apart can sometimes be settled through mediation. This method of dispute resolution gives both sides more control over the outcome of their case and also allows the disagreement to be settled efficiently and with sensitivity. However, to have the best chance at a successful mediation, you must come prepared.

At The Stogsdill Law Firm, P.C., we are respected as one of the most prestigious firms in the DuPage County area, as we have helped countless clients resolve sensitive legal matters outside of court. You can count on our Wheaton, IL family law attorneys to stand up for your best interests and help you effectively prepare for mediation.

Four Tips for Succeeding in Mediation in 2026

Mediation lets Illinois families settle disputes with the help of a neutral third party instead of a judge. A mediator guides the conversation, but the two disputing sides make the final decisions. That freedom can lead to a more optimal outcome, but only if both sides put in the work. The following tips can help you get ready:

Understanding Your Case

Before you can get what you are hoping for out of mediation, you need to understand the strengths and weaknesses of your case. With the help of your lawyer, you can develop a strategy that highlights the strengths of your case and downplays any weaknesses. While mediation is about building consensus, it is also about helping both sides know where they stand if the case should go to trial.

Setting Realistic Goals

You need to have realistic expectations of mediation. You are not likely to get everything you want out of mediation. You also are not likely to get everything you want at trial. You need to have a frank conversation with your lawyer about what is important to you. Your lawyer can make sure you enter negotiations with reasonable expectations given the facts of your case.

Understanding the Other Side

A family law case involves at least two different sides. The better you understand what the other side views as his or her strengths and weaknesses, as well as what is important to him or her, the better your chances are of finding a solution that works for everybody. You do not have to agree with the other side's perspective or position. Still, if you want mediation to be successful, you do have to try to understand where he or she is coming from.

Looking Past Winning and Losing

From the outside, the legal system can seem like a winner-takes-all situation. However, especially where family law is concerned, the cases are not about winners and losers. The cases are about creating fair and stable outcomes. When children are involved, the primary goal is to create a situation that is in the best interests of the child. You may have goals in mind for mediation, but do not view achieving those goals as a matter of winning or losing. Be open to creative solutions that allow both sides to feel good about the outcome and achieve most of their goals.

What Kinds of Issues Can Families Resolve Through Mediation?

Families can resolve many kinds of issues through mediation, from parenting time to how to split a bank account. Parenting issues are some of the most commonly mediated disputes. Parents can work out a schedule for when the children stay with each parent. They can also decide how to share major choices about school, health care, religion, and activities. Illinois calls these choices the allocation of parental responsibilities.

Financial issues can also be settled via mediation. Spouses can talk through how to divide the home, cars, savings, retirement accounts, and debts. They can discuss whether one spouse will pay maintenance, better known as alimony. Child support can come up as well, though state guidelines shape how much is paid.

Mediation can also help after a divorce is final. A parent who moves for a new job may need to change the parenting schedule. A family may need to update support after a change in income. Some cases are not a good fit for mediation, such as those involving domestic violence or serious safety concerns.

Should You Talk to a Lawyer Before Going to Mediation?

Talking to a lawyer before going to mediation is a smart step for most people. The mediator helps both sides talk and find common ground but cannot give either side legal advice. That means the mediator cannot tell you whether an offer is fair to you.

A lawyer can explain your rights under Illinois law before mediation starts. For example, you may not know what counts as marital property or how a judge might view a certain parenting schedule. Learning this ahead of time helps you spot a deal that leaves out something important. A lawyer can also help you gather records, such as tax returns, bank statements, and school calendars.

Your lawyer does not need to attend every session. Some people meet with their lawyer before and after each session instead. Either way, you should have a lawyer review any agreement before you sign it. Once an agreement becomes part of a court order, changing it can be difficult.

Do You Have to Settle Every Issue Through Mediation?

Families do not have to settle every issue through mediation. Many families agree on some issues and not others, and that is still progress. For example, parents might agree on a weekday schedule but disagree about who claims the children on their taxes. They can put the settled issues in writing and leave the rest for the judge.

Illinois law allows spouses to make written agreements about property, maintenance, support, and parental responsibilities (750 ILCS 5/502). A judge reviews the agreement before it becomes part of the final judgment. Terms about children get a closer look, and the judge must make sure those terms serve the children’s best interests.

Settling even a few issues can make the rest of the case shorter. With fewer issues left, a hearing or trial may take less time and cost less money. You should never feel pressured to sign something you do not understand or agree with. If talks stall on one issue, that issue can still move forward in court.

Contact Our Wheaton, IL Mediation Lawyers

If you have questions about mediation, or any other family law issue, you need to speak with a knowledgeable legal professional right away. Find out if mediation is a good solution for your case. Contact our DuPage County, IL family law attorneys or call 630-462-9500 to arrange your initial consultation with The Stogsdill Law Firm, P.C. today.