24.02 Actions Eligible for Court-Annexed Mediation


(a) Referral by Judge or by Stipulation

The judge to whom a matter is assigned may order the following matters pending in the Probate Division referred to mediation by entering an Order of Referral: a.) Decedent Estates; b.) Minor Guardianship matters; c.) Adult Guardianship matters after a finding of adjudication has been entered.  An Order of Referral may be entered by the court sua sponte, pursuant to motion, or by stipulation of the parties. Matters eligible for mediation may be referred to mediation any time. If the parties stipulate to mediation, the stipulation shall be incorporated into the Order of Referral. Parties are encouraged to include in their stipulation to mediate and the allocation of the costs of the mediation.

Following the entry of an Order of Referral, the parties shall participate in the court-annexed mediation as set forth in these Rules. Each Order of Referral shall set a court appearance for the twenty-first day following the date of entry of the Order of Referral (unless that date falls on a court holiday, in which case the Order of Referral shall set the court day following that court holiday). The parties need appear on that date only if, by that date, they have not been able to agree upon a mediator. Upon reaching agreement as to the mediator, the parties shall file the stipulation with the court and deliver courtesy copies to the referring judge and to the Court-Annexed Mediation Supervisor at the Mandatory Arbitration Center at 222 North LaSalle Street, Chicago, Illinois  60601.

(b)                 Motion to Dispense with Mediation

Within fourteen (14) days after entry of the Order of Referral, a party may move to set aside or modify the order. Upon good cause shown, the court may exercise its discretion and set aside or modify the order.

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