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Court Rules and Statutes
First Circuit Rule - Court Ordered Mediation
Mediation under these rules involves a voluntary confidential process
whereby a neutral mediator, selected bv the parties or appointed by the
court, assists the litigants in reaching a mutually acceptable settlement
agreement. It is an informal and non-adversarial process. The mediator
does not decide the issues or bind the parties to a decision after a contested
heaning. The role of the mediator includes assisting the parties in identifying
the issues, fostering joint problem solving, exploring settlement alternatives,
and aiding the parties in reaching an agreement. Parties and their representatives
are required to mediate in good faith. Due to the differences between
civil cases, and family law cases, separate consideration is given to
each of these categories.
A. Actions Eligible for Mediation.
- Civil Actions. Court ordered mediation shall be available,
at the discretion of the judge presiding over the case, in all civil
actions. Such actions shall include Law, LM, Probate, Chancery, Miscellaneous
Remedy, Tax and Eminent Domain cases.
- Family Law Cases. Court ordered mediation shall be available,
at the discretion of the judge presiding over the case; in all family
law cases. Family law cases subject to mediation shall include dissolution
of marriage, post-dissolution, paternity, family, and order of protection
proceedings. The issues of whether grounds for dissolution of marriage
exist, paternity and whether an order of protection should be issued
shall not be mediated.
B. Mediation Procedure.
- Assignment for Mediation. At any time while an eligible case
is pending, by agreement of the parties, or upon the Court's own motion,
the judge presiding over the case may assign the case to court ordered
mediation. Upon assignment for mediation, all further action in the
case shall be stayed until mediation is complete.
- Choice of Mediator. Upon assignment of a case for mediation,
the parties shall choose a mediator within seven (7) days. In the event
that the parties are unable to agree upon a mediator within said time
period, within seven (7) days thereafter, each party shall submit a
list of three (3) approved mediators to the judge presiding, who shall
assign a mediator from the lists submitted.
- Time for Mediation. Mediation shall be completed within sixty
(60) days of assignment, except for good cause shown. In the event that
mediation is not complete within said sixty (60) days, either party
may petition the court for additional time.
- Location of Mediation Conferences. Unless otherwise ordered
by the court, the mediator shall determine the location of all mediation.
- Attendance at Mediation Conferences. All parties, attorneys,
representatives with settlement authority, and other individuals necessary
to facilitate settlement of the dispute shall be present at each mediation
conference, unless excused by court order.
- A party in a civil case is deemed to have appeared if the following
persons are present at the mediation conference:
- The party or its representative having full authority to
settle without further consultation, and in all instances, the
plaintiff must appear at the mediation conference; and
- The party's counsel of record, if any, and
- A representative of the insurance carrier for any insured
party who has full authority to negotiate and recommend settlement
to the limits of the policy, without further consultation.
- All parties to a dispute involving family law cases shall appear
at the mediation conference.
The mediator shall have full authority to require the attendance
of any additional individuals deemed reasonable and necessary by the
mediator in order to proceed with a meaningful mediation conference.
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Number of Mediation Conferences. The parties shall be required
to attend as many mediation conferences as the mediator deems reasonable
and necessary to complete the mediation process.
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Confidentiality. Mediation conferences held pursuant to these
rules shall be confidential and shall not be open to the public. Court
reporters shall not be permitted except by leave of court.
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Discovery.
- Discovery shall proceed as in all other civil actions.
- Whenever possible, the parties are encouraged to limit discovery
to the development of the information necessary to facilitate a
meamngfal mediation conference. The duty to supplement existing
discovery continues throughout the mediation process.
- All oral or written communications made throughout the mediation
process shall be confidential, exempt from discovery, and inadmissible
as evidence in the underlying cause of action unless all parties
agree otherwise in writing. Evidence with respect to settlement
agreements shall be admissible in proceedings to enforce the settlement.
Subject to the foregoing, the mediator may not disclose any information
obtained during the mediation process.
- Completion of Mediation.
- The mediator may terminate mediation at any time when, in the
mediator's opinion, no purpose would be served by continuing mediation.
Likewise, the mediator may require additional mediation conferences
when, in the opinion of the mediator, such additional conferences
have a reasonable chance of resulting in a full or partial settlement
of the case.
- The mediator shall report to the court in writing whether or
not an agreement was reached by the parties. The report shall designate,
"full agreement", "partial agreement" or "no
agreement". The report shall be signed by the mediator and
filed in the court file of the case under mediation within fourteen
(14) days after the last day of mediation. A copy of said report
shall be served by the mediator upon all parties.
- !f an agreement is reached, it shall be reduced to writing and
signed by the parties or their agents before termination of mediation.
Each party shall receive a copy of such agreement.
- If a full agreement is reached, the report of the mediator shall
so state and shall identify those individuals designated to complete
and submit all documents necessary to the conclusion of the agreement.
- If a partial agreement is reached, the report of the mediator
shall state which claims have been resolved and which claims have
not been resolved. The report shall also identify those individuals
designated to complete and submit all documents necessary to the
conclusion of those claims resolved by agreement.
- If no agreement is reached, the mediator shall so report without
comment or recommendation.
- Sanctions. The court may impose sanctions upon any party or
attorney for failing to comply with these rules, or for failing to participate
in mediation in good faith, including but not limited to mediation costs
and reasonable attorney fees related to the mediation process.
- Immunity of Mediators. Any person approved to act as a mediator
under these rules, while acting within the scope of his or her duties
as a mediator, shall have judicial immunity in the same manner and to
the same extent as a judge in the. State of Illinois, as provided in
Supreme Court Rule 99.
C. Qualifications, Certification and Compensation of Mediators.
- Qualifications of Mediators in Civil Cases. In order to become
a certified mediator in the First Judicial Circuit in civil cases, an
individual must meet the following qualifications:
- Be a retired Illinois judge; or
- Be an attorney meeting the following qualifications:
- Be in good standing with the Illinois Attorney Registration
and Disciplinary Commission with at least ten (10) years of
civil trial practice in Illinois; and
- Complete a mediation training program approved by the Chief
Judge of the First Judicial Circuit; and
- File an approved application form with the office of the
Chief Judge of the First Judicial Circuit. The applicant shall
certify that he or she is licensed to practice law in the State
of Illinois, that his or her license is in good standing, that
he or she has engaged in civil litigation for not less than
ten (10) years, and that he or she has filed proof of legal
malpractice insurance.
- Qualifications of Mediators in Family Law Cases. In order to
become a certified mediator in the First Judicial Circuit in family
law cases, an individual must meet the following qualifications:
- Be a retired Illinois judge; or
- Be an attorney meeting the following qualifications:
- Be in good standing with the Illinois Attorney Registration
and Disciplinary Commission with at least five (5) years of
trial practice including family law cases in Illinois; and
- Complete a mediation training program approved by the Chief
Judge of the First Judicial Circuit; and
- File an approved application form with the office of the
Chief Judge of the First Judicial Circuit and certify that he
or she is licensed to practice law in the State of Illinois,
that his or her license is in good standing, that he or she
has engaged in litigation including family law cases for not
less than five (5) years, and that he or she has filed proof
of legal malpractice insurance; or
- Be a health care professional meeting the following qualifications:
- Have a graduate degree in a field that includes the study
of psychiatry, psychology, social work, human development, family
counseling, or other behavioral science substantially related
to marriage and family interpersonal relationships, a minimum
of five (5) years experience in the practice of his or her profession
and be licensed by the State of Illinois to practice his or
her profession; and
- Complete a mediation training program approved by the Chief
Judge of the First Judicial Circuit; and
- File an approved application form with the office of the
Chief Judge of the First Judicial Circuit and certify that his
or her applicable license with the State of Illinois is in good
standing, that he or she has practiced his or her profession
for more than five (5) vears, and that he or she has filed proof
of professional liability insurance.
- Certification.
- Applicants to serve as mediators shall be certified by a majority
of the members of the Mediation Committee, which shall consist of
five (5) judges of the First Judicial Circuit appointed to serve
in such capacity by the Chief Judge. Any applicant denied certification
by the Mediation Committee may appeal such denial to the Chief Judge,
whose decision shall be final.
- On or before February 1 of each year, each certified mediator
shall apply for re-certification, on a form prescribed by the Chief
Judge, by minimally certifying that his or her professional license
continues to be in good standing, and by filing annual proof of
professional liability insurance covering his or her work as a mediator.
- Any mediator who ceases to be listed in good standing with the
Illinois Attorney Registration and Disciplinary Commission or other
applicable state agency, fails to annually file proof of professional
liability insurance, or fails to apply for re-certification shall
be removed from the list of certified mediators. In the event that
a mediator otherwise fails to maintain the quality and integrity
of the court ordered mediation program of the First Judicial Circuit,
such mediator may be removed from the list of certified mediators
by a majority vote of the members of the Mediation Committee. Such
removal may be appealed to the Chief Judge, whose decision shall
be final.
- Any party may file a motion before the presiding judge for disqualification
of a mediator for good cause. If the court disqualifies a mediator
who has previously been chosen, the parties shall re-commence the
process of selecting a new mediator. The time for mediation shall
be tolled during the time that a motion for disqualification of
a mediator is pending. Nothing in this provision shall preclude
mediators from disqualifying themselves or refusing any assignment.
A person selected or appointed to act as a mediator in a case, and
who accepts such assignment, and who is an attorney, shall thereafter
be barred from representing any party in that case. Any non-attorney
serving as a mediator in a family law case shall be barred from
engaging in a professional relationship with any party for a period
of two (2) years following completion of the mediation.
- The Office of the Chief Judge shall maintain separate lists of
certified mediators for civil cases and family law cases in the
First Judicial Circuit, which shall be provided to the Clerk of
the Circuit Court in each county. Such lists shall include a short
biographical sketch of each certified mediator, which shall be provided
at the time of application, and the mediator's charges for mediation.
- Compensation.
- Certified mediators shall determine their manner and amount of
compensation. At the time of initial application for certification,
and annually at application for re-certification, mediators shall
publish their charges for mediation, which shall be included in
the certified list of mediators maintained by the Clerk of the Circuit
Court in each county.
- Unless otherwise agreed by the parties, or ordered by the court,
compensation of the mediator shall be shared equally by the parties
participating in the mediation process.
- If any party has been granted leave to sue or defend as a poor
person pursuant to Supreme Court Rule 298, the court shall appoint
a mediator who shall serve without compensation from any party to
the action. No mediator shall be required to accept more than one
pro bono case per year. Refusal to accept one pro bono
case per year shall be grounds for removal of a mediator from the
list of certified mediators.
- The fees of a court appointed mediator shall be subject to appropriate
order or judgment for enforcement.
D. Reports and Record-Keeping. The Clerk of the Circuit Court
of each county shall maintain a record of cases referred for mediation.
Such record shall include the number of cases referred in each category,
and whether such mediation resulted in full agreements, partial agreements
or no agreements. Each clerk shall report such information to the Office
of the Chief Judge on a monthly basis on a form to be prescribed by the
Chief Judge. The Chief Judge shall report such information to the Supreme
Court at such times and in such manner as shall be required.
E. Application and Effective Date. This Rule shall become effective
upon its approval by the Illinois Supreme Court, acting through its Administrative
Office, as required by Supreme Court Rule 99, and shall apply to all cases
then pending or thereafter filed.
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