Is Arbitration Different Than Mediation in Illinois Divorces?

 Posted on February 11, 2026 in Family Law

In a divorce, going to court is not the only option. Illinois courts often encourage or even make parties try resolving their issues outside of a courtroom first. The most common method is mediation, and in some limited cases, arbitration is an option as well. It can be hard to keep track of which one of these words means which thing. They are very different processes with very different outcomes, so it’s important to understand the differences.

If you are facing a legal dispute in 2026 and want to understand your options, a Lombard divorce attorney can help you figure out which makes sense for your situation.

What Is Mediation in Illinois?

Mediation is a process where a neutral third party, called a mediator, helps both sides try to reach an agreement on their own. The mediator does not decide who wins. They guide the conversation, help each side understand the other's position, and work toward a solution both parties can accept.

Mediation is voluntary in most cases, meaning both sides choose to participate. It is also confidential. Anything said during mediation usually cannot be used against you in court later. If mediation is court-ordered, the Unified Mediation Act (710 ILCS 35) protects statements made in mediation from being used as evidence.

Key Features of Mediation

• A neutral mediator facilitates the discussion but makes no decisions.
• Both people retain control over the outcome.
• The process is private and confidential.
• No agreement is reached unless both parties agree.
• Mediation is often faster and less expensive than going to court.
• Often used in divorce cases.

If mediation works, the parties sign a written settlement agreement. If it does not work, either party can still take the dispute to court or move to arbitration.

What Is Arbitration in Illinois?

Arbitration is more like a private court proceeding. An arbitrator, or sometimes a panel of arbitrators, listens to both sides and then makes a decision. That decision can be either binding or non-binding, depending on what the parties agreed to at the beginning.

"Binding arbitration" means the arbitrator's decision is final. You generally give up your right to appeal or take the matter to court afterward. "Non-binding arbitration" means you can reject the decision and still pursue the case in court, but it can give both sides a useful preview of how a judge might rule.

Key Features of Arbitration

• An arbitrator or panel hears evidence and arguments from both sides.
• The arbitrator makes an actual decision, not just a recommendation.
• Binding arbitration decisions are difficult to appeal.
• The process is more formal than mediation but less formal than a trial.
• Arbitration can still be faster and more private than going to court.
• Can be used for divorce cases, but it is more often used for things like employee lawsuits.

Which Process Is Right for My Divorce?

The answer depends on what you are trying to do and how much control you want over the outcome.

Mediation is often a better fit when the relationship between the parties matters, such as in child custody or business disputes. Because both sides have to agree, the outcome tends to feel more acceptable to everyone. Mediation gives you much more control over the final outcome.

Arbitration makes more sense when you need a definite decision and do not want to wait for a full trial.

In some cases, the court will tell you which process you must use. In others, you have a choice. Either way, going into the process prepared and with strong legal guidance puts you in a much better position.

Call a Bloomingdale, IL Divorce Lawyer Today

Whether you are headed into mediation, arbitration, or still deciding, you should have legal help in your corner. At Mevorah & Giglio Law Offices, our team brings over 175 years of combined legal experience to every case we handle. We prioritize clear, frequent communication so you always know where your case stands.

If you need a Lombard divorce attorney who will work hard to protect your interests, call Mevorah & Giglio Law Offices at 630-932-9100 today.