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Illinois Court ADR SourcebookRules  >  Practice Area  >  Civil

Rules: Civil

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  • 12th Judicial Circuit Administrative Order No. 10-18: Residential Mortgage Foreclosure Mandatory Mediation Program
    Date adopted: July 22, 2010
    Abstract: This order establishes administrative procedures for the circuit's mandatory foreclosure mediation program. A new $150 fee will be charged for every foreclosure filing in the circuit. For residential foreclosure cases, plaintiffs will send defendant borrowers a summons form that is approved by the court and includes a notification of the mediation program. The order also sets scheduling guidelines for pre-mediation and mediation conferences. If the mediator determines that a mediation conference would be "beneficial," the plaintiff's counsel must provide the borrower a loan modification packet. The mediation will be scheduled to give the borrower enough time to complete the packet and the plaintiff time to review it. The order also reviews attendance requirements for conferences and sets guidelines for cell phone usage during mediation and confidentiality of mediation materials.
  • 12th Judicial Circuit Administrative Order No. 10-19: Residential Mortgage Foreclosure Mandatory Mediation Schedule
    Date adopted: July 22, 2010
    Abstract: This administrative order sets the schedules for pre-mediation and mediation conferences for the court's mandatory foreclosure mediation program.
  • 12th Judicial Circuit Local Rule 17.06: Mortgage Foreclosure Mediation
    Date adopted: June 23, 2010
    Abstract: The clerk of the court is required to automatically schedule all residential foreclosure cases filed on or after Aug. 1, 2010, for mandatory pre-mediation conferences. The clerk must also provide a form notifying defendant borrowers about the foreclosure mediation program along with the summons. The plaintiff's counsel, the defendant borrowers and a certified mediator are required to attend the pre-mediation conference. To be certified by the court, mediators must be a retired judge or attorney with at least five years of foreclosure litigation experience.

    At the pre-mediation conference, mediators work with borrowers to determine the borrowers' eligibility for loan workouts, modifications, or other potential arrangements with lenders. Mediation conferences are scheduled within 30 days of the pre-mediation conference. Borrowers and a representative of the lender with full settlement authority must attend the mediation and participate in good faith.

    The rule also establishes a $150 foreclosure filing fee. It also reviews mediator compensation and immunity, as well as discovery and confidentiality guidelines.
  • 16th Judicial Circuit Local Rule 12.01, et seq. - Mediation
    Program(s): Major Civil Litigation Mediation Program - 16th Judicial Circuit
    Date adopted: August 12, 1980
    Date amended: May 5, 2008
    Abstract: This section applies to court-annexed mediation for major civil litigation in the 16th Circuit (Kane County). It outlines actions eligible for mediations, scheduling of mediations, mediation rules and procedures, which includes information on the confidentiality of communications, and mediator qualifications.
  • 17th Judicial Circuit Local Rule 2.08 - Major Civil Mediation
    Program(s): Major Civil Mediation Program - 17th Judicial Circuit
    Date adopted: March 3, 1997
    Date amended: January 1, 2004
    Abstract: This section applies to court-annexed mediation for major civil litigation in the 17th Circuit (Winnebago and Boone Counties). It outlines actions eligible for court-annexed mediations, scheduling mediations, mediation rules and procedures, which includes information on the confidentiality of communications and mediator qualifications. Amendments in 2001 made changes to the rule on confidentiality, certification and recertification of mediators, and reporting requirements. A rule regarding mediator immunity was also added.
  • 3rd Judicial Circuit Local Rules of Practice, Part 5 - Mediation of Medical Malpractice
    Program(s): Medical Malpractice Mediation - 3rd Judicial Circuit
    Date adopted: August 9, 2007
    Date amended: January 4, 2008
    Abstract: These rules describe the mandatory mediation program for medical malpractice cases filed with the court. The rules address mediator qualifications, appointment and compensation, as well as requirements for the conduct of hearings.
  • Cook County Circuit Court General Administrative Order 2010-01: Mortgage Foreclosure Mediation Program
    Date adopted: April 8, 2010
    Abstract: This order revises the mortgage foreclosure summons to include a notice about the the court's foreclosure mediation program, and instructs the plaintiff's counsel to serve the summons to the defendant. The order also includes a brief history of the development of the mortgage foreclosure mediation program and the court's growing foreclosure caseload.
  • Cook County Circuit Court General Order 19.00 - Implementation of the Illinois Not-for-Profit Dispute Resolution
    Date adopted: March 9, 1989
    Abstract: This order is pursuant to the Illinois Not-For-Profit Dispute Resolution Center Act. It outlines the procedures within Cook County for the collection and distribution of funds to qualifying dispute resolution centers. Also, it describes the criteria and application process for dispute resolution centers seeking to qualify for funding.
  • Cook County Circuit Court Local Rule 21 - Chancery Division Court-Annexed Mediation
    Program(s): Chancery Division Mediation Program - Cook County Circuit Court
    Date adopted: December 13, 2006
    Abstract: Under this rule, any contested matter filed in the Chancery Division may be referred to mediation by order of the court, by motion, or by stipulation. Mediators are selected and paid by the parties unless an appropriate case is referred to the Center for Conflict Resolution, which provides mediation services at no cost to the parties. The mediation procedures are outlined in the rule, which also states that the court shall decide on a case-by-case basis whether to stay or continue discovery during the mediation process. Also covered in the rule are confidentiality and the qualifications needed to be placed on the court's roster.
  • Illinois Supreme Court Rule 86 et seq: Court-Annexed Mandatory Arbitration
    Date adopted: May 20, 1987
    Date amended: June 4, 2008
    Abstract: The rules apply to actions subject to mandatory arbitration within judicial circuits in Illinois. They include the procedures for the appointment, qualification and compensation of arbitrators, the scheduling of hearings, discovery, conduct of the hearings, awards and judgments.
  • U.S. District Court for the Northern District of Illinois Local Rule 83.5 - Confidentiality of Alternative Dispute Resolution Proceedings
    Date adopted: November 30, 2000
    Abstract: This rule makes confidential all non-binding ADR proceedings in a case pending before the court, including any act or statement made by any party, attorney, or other participant.
  • U.S. District Court for the Southern District of Illinois Rule 16.3 - Settlement Conferences
    Date adopted: March 1, 1999
    Date amended: December 1, 2009
    Abstract: Under this rule, the use of alternative dispute resolution (ADR) is encouraged by the court through 'early neutral evaluations in the form of settlement conferences in all civil cases,' with some exceptions. The court may also 'set a civil case for summary jury trial or other ADR process as it deems proper.' Parties may request or the court may set a settlement conference at any time during the litigation process. Statements and other forms of communication will remain confidential.
  • U.S. District Court Rules, Central District of Illinois, 16.1(B)
    Date adopted: March 1, 1996
    Date amended: January 20, 2010
    Abstract: This rule identifies the role of settlement conferences in pretrial procedures. The rule addresses the authority of the presiding judge to require that parties submit to settlement conferences, who should be present at settlement conferences, and who should conduct them.
  • U.S. District Court, Northern District of Illinois Local Rule 16.1 (Standing Order Establishing Pretrial Procedure)
    Date adopted: June 26, 1985
    Date amended: March 9, 1995
    Abstract: This rule includes the Standing Order Establishing Pretrial Procedure, Section 5 of which refers to settlement. Section 5 addresses the authority of the court to require settlement discussions, who should be present at such discussions, and who should preside over them.
  • U.S. District, Central District of Illinois Local Rule 16.4: Civil Case ADR
    Program(s): ADR Program - U.S. District Court for the Central District of Illinois
    Date adopted: June 1, 2000
    Abstract: This rule authorizes the court to utilize mediation, summary jury trials, and summary bench trials as alternative methods of dispute resolution. All civil cases, including adversary proceedings in bankruptcy, may be referred to mediation. Summary jury trials are available to any case triable by jury. Summary bench trials are available to those cases not triable by jury. The rule makes the entire mediation confidential.
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