List of approved Judicial Mediators

List of approved Non-Judicial Mediators

 

Application for Certification as Approved Non-Judicial Mediator

 

Protocol for Mediation Process

Qualifying Case or Pleading Filed w/Circuit Clerk
-Includes original cases or actions for modification regarding child custody, visitation/parenting time, parental responsibility, access to children and removal of children from Illinois or beyond ordered boundaries.(Dissolution of Marriage, Paternity, Guardianship, Petition for Custody of Child)

Immediately Upon Filing of Qualifying Case or Pleading:
-Circuit Clerk sets Initial Case Management Conference (90-110 days) and notifies filing party of setting.

-Circuit Clerk inscribes notice of Initial Case Management Conference setting on summons, if one is issued, and Notice of Case Management Conference issued

-Filing party causes Notice of Initial Case Management Conference to be served on respondent if no summons issued.

Immediately upon filing of any qualifying pleading which does not assert present or threatened serious physical or emotional endangerment but which requests temporary relief:
-Circuit Clerk shall set said pleading for expedited initial case management conference (rather than hearing) to be held within 14 days and notify parties of conference and requirement that counsel and parties attend.

At Least 7 days before 90-day Initial Case Management Conference, or prior to Expedited Conference:
-Parties file completed pre-mediation questionnaires; and

-Parties file completed financial affidavits; and

-Parties complete and file certificates of completion of Children First program unless later completion approved by Court.

At Initial Case Management Conference (regular or expedited) OR at Court's discretion any time after completion of all immediately-preceding required filings:
-The Court determines whether or not impediments exist which disqualify an action from mediation, and, if not:

-As to qualifying temporary issues: The Court determines whether to set qualifying temporary issues for hearing or refer to early mediation. If mediation, the Court determines indigency and refers any non-indigent case to early non-judicial mediation via a Mediation Order unless no private mediator is available within a reasonable time, and refers any indigent or "no available private mediator" case to early judicial mediation via a Judicial Mediation Order; or

-As to all qualifying non-temporary issues: The Court determines indigency or non-indigency; and the Court refers an indigent case to judicial mediation via a Judicial Mediation Order unless parties request private mediation and are found to have resources or unless Court appoints pro bono or reduced-fee private mediator); and the Court refers any other case to non-judicial mediation via a Judicial Mediation Order.

A mediation order may contain setting for a continued case management conference if settlement appears imminent. If such setting is made, the Court may, in said order, defer appointment of a mediator pending such conference or may instead appoint a private mediator or request immediate appointment of a judicial mediator.

A Mediation Order shall assign a 45-day status date on the issue of progress of the mediation.

(Judicial Mediation Only)
Immediately upon entry of a Judicial Mediation Order (or subsequent order) which requests immediate appointment of a judicial mediator:
-Circuit Clerk mails or faxes copies of said order or orders to the Chief Judge and mails same to counsel of record and to unrepresented parties if a Mediating Judge is not named in the Judicial Mediation Order.

-Circuit Clerk also sends copy of case record sheet to Chief Judge.

(Judicial Mediation Only)
Upon receipt by the Chief Judge of materials from Circuit Clerk pursuant to request for appointment of judicial mediator:
-The Chief Judge shall assign a mediating judge, forward copies of the requesting order and notice of assignment to said mediating judge, and cause notice of identity of the assigned mediating judge to be transmitted to the Circuit Clerk.

(Judicial Mediation Only)
Upon receipt by the Circuit Clerk of notice of identity of the assigned mediating judge:
-The Circuit Clerk shall immediately mail copies of said notice to counsel and all represented and unrepresented parties in the case; and

-The Circuit Clerk shall also immediately mail or fax to the mediating judge copies of the following:
-The Judicial Mediation Order and any subsequent orders;
-All record sheets in the case file;
-All judgments in the file;
-The pleading which is being litigated and all pleadings responsive to that pleading;
-All filed discovery material and financial affidavits;
-Completed pre-mediation questionnaires; and
-All settlement conference memoranda filed in the case.

(Judicial Mediation Only)
Upon receipt by Mediating Judge of case materials from the Circuit Clerk:
-The mediating judge determines whether or not recusal is required or impediment to mediation exists.

-If recusal required, the mediating judge notifies the Chief Judge who appoints a different mediating judge.

-If impediment determined to exist, the mediating judge makes written findings as such, whereupon proceedings in the case resume without mediation.

-If no recusal and no impediment, the mediating judge sets the case for judicial mediation session to be held within 30 days, and gives at least 10 days' advance notice to the parties and counsel and the Circuit Clerk by mail or fax.

(Non-Judicial Mediation Only)
Immediately upon entry of a Judicial Mediation Order (or subsequent order) which appoints a private mediator:

-Circuit Clerk gives or mails copies of the appointing order to counsel of record and all represented and unrepresented parties, if order not provided to parties in court.

(Non-Judicial Mediation Only)
Within 2 days after receipt of order appointing a private mediator:
-The parties contact the private mediator.

-Attorneys or Parties, if unrepresented, mail or fax copies of the pleadings in dispute, case record sheets, financial affidavits, completed pre-mediation questionnaires and the Judicial Mediation Order to the appointed private mediator.

(Non-Judicial Mediation Only)
Upon receipt by the private mediator of materials:
-The private mediator makes preliminary determination as to existence of conflict of interest, and, if existent, declines the mediation and notifies the Circuit Clerk in the absence of adequate written waivers; otherwise:

-The private mediator sets the case for non-judicial mediation session to be held within 30 days, and gives at least 10 days' advance notice to the parties and counsel and the Circuit Clerk by mail or fax.

(Judicial Mediation Only)
Immediately upon conclusion of judicial mediation unsuccessful as to all mediated issues:
-Mediating Judge notifies Circuit Clerk of unsuccessful judicial mediation and date of conclusion.

-Circuit Clerk sets and notifies counsel and unrepresented parties of post-mediation case management conference to occur within 30 days after conclusion of mediation.

(Judicial Mediation Only)
Within 21 days after conclusion of judicial mediation resulting in provisionally-approved agreement as to any mediated issues:
-Mediating Judge enters and files a Provisional Order as to agreed issues and a written specification of mediated issues as to which agreement was not reached or not provisionally approved.

(Judicial Mediation Only)
Immediately upon filing of Provisional Order:
-Circuit Clerk sends file stamped copies of provisional order to counsel and all parties.

-Circuit Clerk sets and notifies counsel and parties of post-mediation case management conference to be held at least 23 days after sending copies but not more than 30 days after filing of Provisional Order.

(Judicial Mediation Only)
Within 21 days after Clerk's transmittal of Provisional Order copies:
-Either party may file a Motion to Rescind agreement pursuant to judicial mediation.

(Judicial Mediation Only)
Immediately upon filing of a Motion to Rescind Agreement:
-Circuit Clerk faxes copy of Motion and support affidavit to Mediating Judge.

(Judicial Mediation Only)
Within 22 days after Clerk's transmittal of Provisional Order copies, If Motion to Rescind is pending:
-Mediating Judge rules on Motion to Rescind and communicates ruling to the Circuit Clerk.

(Judicial Mediation Only)
23rd day after Circuit Clerk's transmittal of Provisional Order copies:
-In absence of granting of a Motion to Rescind, Circuit Clerk presents Provisional Order to trial judge.
-With or without further hearing, trial judge co-enters or vacates the Provisional Order.

(Judicial Mediation Only)
Within 30 days after conclusion of unsuccessful mediation:
-Post-mediation case management conference is held.

(Judicial Mediation Only)
At least 23 days after Clerk's transmittal of provisional order copies but not more than 30 days after initial filing of a Provisional Order:
-Post-mediation case management conference is held.

(Non-Judicial Mediation Only)
On or before the 45-day status date:
-The private mediator files mediation status report with Circuit Clerk if mediation has not concluded.

(Non-Judicial Mediation Only)
Upon reaching of agreement on any mediated issues:
-The private mediator shall provide a written account of the agreement to the parties and counsel.
-The private mediator shall instruct the parties to see to drafting of written agreement.

(Non-Judicial Mediation Only)
Within 10 days after conclusion of the last mediation session:
-The private mediator files a Mediator's Status/Progress Report with Circuit Clerk, stating date of termination, reason for same, whether or not agreement reached on any mediated issues and, if so, which issues.

(Non-Judicial Mediation Only)
Immediately upon filing of a Mediator's Status/Progress Report:
-Circuit Clerk sets the case for post-mediation case management conference to be held within 30 days after such filing, and shall send written notice of setting to counsel and all unrepresented parties.

(Non-Judicial Mediation Only)
At or prior to the post-mediation case management conference:
-Any written agreement shall be presented to the Court by the parties or counsel.

(Non-Judicial Mediation Only)
At the post-mediation case management conference:
-If a written agreement has been presented, the Court shall examine the parties as to content and intent, and shall either reject the agreement or enter an appropriate judgment or order approving same.

-As to all remaining issues, the Court schedules the case for trial.

(Judicial AND Non-Judicial Mediation)
Every three months following first appointment of a particular mediator:
-Each judicial mediator and private mediator completes and files a statistical quarterly report with the 2nd Circuit Trial Court Administrator.