21.03 Appointment of the Mediator and Scheduling of Mediation Session

(A) Appointment of the Mediator

(1) The mediator may be selected by stipulation of all parties or by appointment of the court pursuant to Rule 21.03(A) 2. A mediator selected by the parties need not be on the court-certified list of mediators.

(2) If the parties cannot agree on a mediator, the parties will inform the court of their failure to reach agreement. The court then will assist in the appointment of a court-certified mediator from the list of court-certified mediators or the Center for Conflict Resolution. When appointing a mediator from the Center for Conflict Resolution, the court will consider the following factors: financial hardship, the need of the parties to preserve a continuing relationship, the need for an expeditious resolution of the matter, whether there exists matters of community concern, and any other circumstance that would cause the parties to be unduly burdened.

(3) Neither participation in any training program nor inclusion in the court’s list of certified mediators guarantees the selection of any particular individual as a mediator for any case.

(B) Compensation of the Mediator

Unless the parties agree or the court orders otherwise, the parties and the mediator will establish fees and out-of-pocket expenses of the mediation and each party shall pay a proportionate share of the total charges of the mediator. All compensation due to a mediator will be collected by the mediator. A court appointed mediator’s fee shall be subject to appropriate order of judgment for enforcement. The Center for Conflict Resolution, a not-for-profit organization, will mediate referred cases without a charge to the parties as a service to the Circuit Court. The Center for Conflict Resolution shall comply with the Illinois Not-For-Profit Dispute Resolution Center Act, 710 ILCS 20/1,
et seq.

(C) Scheduling of Initial Mediation Session

Unless otherwise ordered by the court, the first mediation session shall be held within five weeks of the date of entry of the Order of Referral. When the date, time, and place of the initial mediation session have been agreed, the mediator shall send written confirmation of the date, time, and place to all parties as well as of any other requirements of the mediation.

(D) Submissions to Mediator

Unless the mediator requests a different procedure, not less than 10 days before the initial mediation session, each party shall present the mediator with a brief written summary of the case containing a list of all pending and resolved claims and all issues to be addressed in mediation. The summary shall state the following information: (i) Names of all mediation participants, including all counsel, parties, and other persons who are expected to attend any scheduled mediations; (ii) Relevant facts in the action; (iii) Key legal issues in the action; (iv) Pertinent factors relating to settlement; (v) All damage and injury information; (v) Any offers or demands of settlement; and (iv) Party’s initial settlement position.

All oral and written communications with the mediator at any time shall be deemed confidential and privileged in accordance with the provisions of the Uniform Mediation Act 710 ILCS 35/1 (See Rule 21.07 of the Rules of the Circuit Court of Cook County). Any party who wishes all or part of its contents to remain confidential from other parties shall inform the mediator, in writing, at the time the summary is tendered and mark which portions are confidential.

(E) Time for Completion of Mediation

Mediation will be completed within seven weeks of the first mediation session unless extended by Court Order.

(F) Mediator Pro-Bono Requirement

Each court-certified mediator will agree to mediate at least one case per year without compensation if the court has determined that mediation might be beneficial and that none of the parties has the resources to compensate a mediator.

[Dated July 29, 2013, effective August 1, 2013.]

Copyright 2019 by Circuit Court of Cook County