The Illinois Supreme Court Wants Parents to Resolve Parenting Disputes

What family lawyers need to know about mandatory mediation

Illinois family lawyers practicing in parenting allocation matters should take careful note of the Supreme Court’s clear and growing emphasis on early dispute resolution—particularly through mediation. Supreme Court Rule 923(a)(3) reflects a policy choice that parenting disputes should, whenever possible, be resolved by parents themselves rather than imposed by the court. Understanding this framework—and preparing clients for it from the outset—is now an essential part of effective family law practice.

Supreme Court Rule 923(a)(3): Mediation is not optional

Illinois Supreme Court Rule 923(a)(3) mandates that when parents involved in a parenting allocation dispute fail to reach an agreement at the initial case management conference, the court must order mediation to address those unresolved parenting issues. The rule is embedded within the broader family law case management structure and is designed to move cases away from immediate adversarial motion practice and toward early, structured problem-solving.

For practitioners, the takeaway is straightforward: in most cases involving disputed parenting responsibilities or parenting time, mediation is not merely encouraged—it is required. Courts expect counsel to anticipate this step and to advise clients accordingly.

Why the court favors mediation in parenting cases

The Supreme Court’s emphasis on mediation reflects an understanding of both child development and family systems. Parenting disputes are uniquely unsuited to traditional litigation. The adversarial model—focused on evidence, fault, and legal positioning—often escalates conflict, entrenches parental divisions, and inadvertently places children in loyalty binds.

Mediation, by contrast, is a confidential, cooperative process facilitated by a neutral professional trained to help parents communicate effectively and problem-solve together. The mediator does not decide the outcome or take sides. Instead, the process is designed to help parents reach informed, voluntary agreements that reflect the real needs of their children and family structure.

From a policy perspective, mediation aligns with the “best interests of the child” standard by prioritizing stability, reduced conflict, and parental cooperation—outcomes that courts recognize are difficult to impose by judicial order alone.

Benefits of mediation for families—and for lawyers

Mediation offers several practical and professional advantages that family lawyers should be prepared to explain clearly to clients:

Durable, customized agreements. Parenting plans created by parents themselves are more likely to be followed than court-imposed orders, particularly when children’s schedules, temperaments, and developmental needs are thoughtfully considered.
Reduced cost and delay. When parties engage in mediation in good faith, cases often resolve more efficiently and with fewer contested hearings, saving clients both emotional and financial costs.
Lower emotional toll. Mediation reduces the intensity of conflict and helps avoid the emotional harm that prolonged litigation can cause to both parents and children.
Client empowerment. Rather than outsourcing decision-making to judges, custody evaluators, or court-appointed representatives, mediation allows parents to retain agency over their family’s future.

For lawyers, mediation can also improve case outcomes and client satisfaction. Counsel who prepare clients well for mediation—and who cooperate professionally with opposing counsel on procedural agreements—often see smoother case progression and fewer crisis-driven disputes.

The lawyer’s role: Preparing clients early and effectively

Because mediation is now a predictable feature of parenting cases in Illinois, attorneys should address it early and often. Best practices include:

Setting expectations at the initial consultation. When parenting disputes are apparent, clients should be informed that mediation is likely to be mandated and that the process is a normal, routine process, not a sign of weakness or failure.
Framing mediation positively. Clients are more likely to engage productively when mediation is presented as an opportunity rather than an obstacle.
Early attorney-to-attorney cooperation. Where possible, counsel can work together to agree on procedural matters and craft mediation referral orders that are acceptable to both clients, minimizing unnecessary motion practice.
Thoughtful preparation. Lawyers play a critical role in helping clients identify priorities, understand legal parameters, and approach mediation with realistic expectations.

A practical script for explaining court-ordered mediation to clients

Mediation is a confidential meeting with a neutral professional who helps parents talk through parenting issues and try to reach their own agreement. The mediator doesn’t take sides or make decisions.

Mediation often saves time and expense, reduces conflict, and allows you to create a parenting plan that works for your family. I’ll help you prepare for mediation and advise you throughout the process.

Providing this explanation early helps normalize mediation and reduces client anxiety when the court order inevitably follows.

Conclusion

Supreme Court Rule 923(a)(3) sends a clear message: Illinois courts expect parents to make a genuine effort to resolve parenting disputes through mediation. Family lawyers who understand this framework—and who integrate it into their case strategy from day one—are better positioned to serve both their clients’ interests and the best interests of children.

By preparing clients early, cooperating professionally with opposing counsel, and embracing mediation as a core component of modern family law practice, attorneys can help families move through conflict with greater dignity, stability, and long-term success.

Sandra sits on the ISBA’s Board of Governors (Cook County) and is the Liaison to the Family Law Section Council. Sandra was trained in mediation at the Center for Conflict Resolution in Chicago in 1993. For over 30 years, she has dedicated her legal, mediation, and dispute resolution practice to educating and leading clients to the most peaceful pathways for resolution of their unique legal challenges and circumstances. She helps people move out of conflict, using the resolution model that will be most productive for all the family stakeholders (including the children). Sandra co-teaches the 40-hour divorce and family mediation program at Northwestern University’s School of Professional Studies, Chicago, where she trains lawyers, judges, and other family-aligned professionals from around the world in the basics of facilitative mediation. https://sps.northwestern.edu/professional-development/divorce-mediation/.

This article was originally published in Family Law (April 2026, Vol. 69, No. 10), the newsletter of ISBA’s Section on Family Law.

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