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Rules: Civil

Large Civil - Monetary Claims turn annotation off

  • 11th Judicial Circuit Local Rule 105 - Civil Case Mediation
    Program(s): Major Civil Case Mediation Program - 11th Judicial Circuit
    Date adopted: December 11, 1995
    Abstract: This section applies to court-annexed mediation for major civil litigation in the 11th Circuit (McLean and Ford Counties). It details the rules and procedures regarding mediation, including actions eligible for mediations, exclusions from mediation, scheduling of mediations, and mediation rules and procedures, which include information on confidentiality of communications.
  • 12th Judicial Circuit Rule 17.00: Court-Annexed Mediation of Civil Cases
    Program(s): Major Civil Case Mediation Program - 12th Judicial Circuit
    Date adopted: December 1, 1997
    Date amended: August 3, 2009
    Abstract: This rule authorizes the court to order to mediation any contested civil case valued more than $50,000 and provides parties the opportunity to move to dispense with that order. Should mediation go forward, mediators are selected from a roster, discovery continues, and the mediation is confidential. Mediator compensation, disqualification of the mediator, sanctions for failure to appear, and mediator qualifications are also addressed in the rules.
  • 14th Judicial Circuit Local Rules, Part 26: Rules of Civil Mediation
    Program(s): Major Civil Case Mediation Program - 14th Judicial Circuit
    Date adopted: February 1, 2002
    Abstract: Under these rules, mediation is voluntary for any civil case valued in excess of eligibility for Court-Annexed Mandatory Arbitration. The rules outline the mediation process from referral to termination, mediator compensation, mediator immunity, communication, sanctions, and confidentiality. They also provide a list of qualifications needed to be placed on the court roster and the duties of the supervising judge.
  • 15th Judicial Circuit Local Rules 16.1-16.6: Civil Mediation Program Rules
    Abstract: Judges may order or parties may request mediation in civil cases with monetary claims over $50,000. Parties may select their own mediator, or the court may appoint one from a court roster of certified mediators. The rule addresses scheduling and conducting mediation session, attendance requirements, confidentiality, mediator qualifications and compensation, and the duties of the trial judge for mediation.
  • 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 2.07 - Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - 17th Judicial Circuit
    Date adopted: October 1, 1987
    Date amended: August 17, 2007
    Abstract: This section applies to court-annexed arbitration in the 17th Circuit (Winnebago and Boone Counties). The arbitration rules of the Illinois Supreme Court are referenced within. In this circuit, the amount in controversy must exceed $5,000 but not exceed $50,000. This section includes actions subject to mandatory arbitration, qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, administration of the hearings, awards and judgments.
  • 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.
  • 18th Judicial Circuit Article 14 - Court Ordered Mediation for Civil Cases
    Program(s): Major Civil Litigation Mediation Program - 18th Judicial Circuit
    Date adopted: May 1, 1996
    Date amended: October 1, 2007
    Abstract: Under this rule, mediation is voluntary for civil cases valued in excess of eligibility for court-annexed mandatory arbitration. The rule outlines the mediation process from referral to termination, confidentiality of communications, and mediator qualifications. Also outlined is re-certification and removal of mediators from the court roster.
  • 19th Judicial Circuit - Civil Mediator Petition
    Program(s): Family Mediation Program - 19th Judicial Circuit, Probate Mediation Program - 19th Judicial Circuit
    Date adopted: January 1, 2012
    Abstract: Mediators wishing to be certified to mediate for the court's civil, probate and family mediation programs must submit this form to the court.
  • 19th Judicial Circuit Rules, Part 20.00 - Civil Division Mediation Program
    Date adopted: June 13, 1996
    Abstract: Under these rules, mediation is voluntary for all civil cases valued in excess of eligibility for Court-Annexed Mandatory Arbitration. The rules outline the mediation process from referral to termination, mediator compensation, mediator immunity, communication, sanctions, and confidentiality. They also provide a list of qualifications needed to be placed on the court roster and the duties of the supervising judge.
  • 1st District of the Illinois Appellate Court Rule 37: Settlement Conference Program
    Program(s): 1st Appellate District Settlement Conference Program
    Date adopted: January 1, 2005
    Abstract: Under this rule, civil appeals may be mediated by a sitting judge or approved mediator by motion of the parties or the court. The rule makes all communications and documents prepared for mediation confidential and authorizes the court to impose sanctions for failure to participate in good faith. It also outlines the qualifications for appellate mediators and the administration of the program, as well as the nature of the conference.
  • 1st Judicial Circuit Court-Ordered Mediation
    Program(s): Major Civil Mediation Program - 1st Judicial Circuit, Family Law Mediation - 1st Judicial Circuit
    Date adopted: May 7, 2004
    Abstract: This rule pertains to all dissolution of marriage, post-dissolution, paternity, and order of protection cases. Cases may be referred to mediation by request of the parties or by order of the court. Proceedings are to be confidential and mediators are given the authority to decide who must attend, how many sessions are necessary, and when and whether to terminate the mediation. The rule outlines the qualifications needed to become an approved roster mediator, gives authority to the court to impose sanctions on parties failing to comply with the rule, and provides judicial immunity to the mediators.
  • 20th Judicial Circuit Court-Annexed Mediation for Civil Cases
    Date adopted: October 1, 2004
    Abstract: Under these rules, mediation is voluntary for any civil case valued in excess of eligibility for Court-Annexed Mandatory Arbitration. The rule addresses the eligible actions as well as exclusions from the program, appointment of the mediator, confidentiality, immunity, the role of counsel in mediation, and mediator communication with the parties.
  • 22nd Judicial Circuit Court Rules, Part 20. Civil Division Mediation Program
    Program(s): Civil Case Mediation Program - 22nd Judicial Circuit
    Date adopted: January 1, 2007
    Abstract: Under this rule, any contested civil matter with a value greater than eligibility for the Mandatory Arbitration Program may be referred to mediation. Such referral may be by order of the court or stipulation of the parties. The rule calls for parties to compensate the mediator, who they select from a list of those approved by the court. Mediator qualifications and training are outlined in the rule, which also discusses the duties of the referring judge. The mediation process, including deadlines for completion of specified steps, is also covered. The rule provides immunity for the mediators, and makes all oral and written communications that take place in mediation confidential.
  • 3rd Judicial Circuit Local Rules of Practice, Part 6: Civil Division Mediation Program - Madison County
    Program(s): Madison County Civil Division Mediation Program
    Date adopted: January 4, 2008
    Abstract: This section outlines the rules and procedures for Madison County's Civil Division Mediation program. Mediation is voluntary for any civil case valued in excess of eligibility for court-annexed mandatory arbitration. The section addresses the mediation process, attendance requirements, sanctions, confidentiality, and mediator compensation, immunity, qualifications and selection.
  • 3rd Judicial Circuit Standing Case Management Order for All Asbestos Personal Injury Cases - Part V: Settlement Conferences
    Date adopted: February 6, 2004
    Abstract: This order establishes a mediation process for asbestos personal injury cases filed in Madison County. The "mediator" in this case is the Asbestos Presiding Judge or anyone designated by the Asbestos Presiding Judge. The order discusses attendance, sanctions, and confidentiality.
  • 4th Judicial Circuit Local Rule 12 - Civil Mediation
    Date adopted: June 1, 2011
    Abstract: This rule authorizes judges to refer any contested civil matter, including law, chancery and probate cases, to mediation. Parties may also file a written stipulation to mediation "any issue between them at any time." Parties may select their own mediator, or the court may appoint one from a court-certified roster. The rule describes mediator certification requirements, the selection process and compensation guidelines. Both parties are required to attend mediation and participate in good faith. The rule further describes mediation procedure and confidentiality guidelines.
  • Cook County Circuit Court Rule 20.00: Court-Annexed Mediation
    Program(s): Law Division Major Civil Case Mediation Program - Cook County Circuit Court
    Date adopted: March 18, 1993
    Date amended: March 25, 2004
    Abstract: This amended rule applies to any contested civil matter pending in the Cook County Law Division. Under the rule, cases may be referred to the mediation by the court or by motion of the parties. Discovery is to continue throughout the mediation process. Mediators approved by the court have judicial immunity in the same manner and extent as a judge. Confidentiality extends to all oral and written communications with the mediator at any time. The rule also discusses the manner in which mediators are appointed, the compensation of the mediator, and the conduct of the mediation.
  • 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.
  • Rules for the U.S. Court of Appeals for the Seventh Circuit, Rule 33
    Program(s): Settlement Conference Program - U.S. Court of Appeals for the Seventh Circuit
    Date adopted: January 1, 1994
    Abstract: "At the conference the court may, among other things, examine its jurisdiction, simplify and define issues, consolidate cases, establish the briefing schedule, set limitations on the length of briefs, and explore the possibility of settlement."
  • U.S. Bankruptcy Court for the Northern District of Illinois Rule 9060-1 - 9060-11: Bankruptcy Mediation
    Program(s): Bankruptcy Court Mediation Program - U.S. District Court for the Northern District of Illinois
    Abstract: This rule outlines the procedures regarding referrals of cases to mediation, selection of a mediator, scheduling a mediation conference, submission of materials and conduct during the mediation conference. Post-mediation procedures, such as the mediator's compensation and confidentiality rules, are also discussed. Included in the rule are the forms related to the mediation program.
  • U.S. District Court for the Central District of Illinois Local Civil Rule 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 for the Central District of Illinois Local Civil 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.
  • 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, 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 Court, Northern District of Illinois Local Rule 16.3 et seq.
    Program(s): Lanham Act Mediation Program - Northern District
    Date adopted: September 30, 1996
    Date amended: January 1, 2003
    Abstract: Under this rule, all cases filed under the Federal Trademark Act of 1946 are assigned to mediation, from which the parties may opt out. No matter whether they opt out or not, the attorneys must certify that they have discussed the option of mediation with their clients and opposing counsel. If they choose to mediate, parties may select the mediator from the court's roster. The rule outlines the qualifications the mediators must have in order to be placed on the roster and the manner in which the parties divide compensation of the mediator.
  • U.S. District Court, Northern District of Illinois: Local Rules for Alternative Dispute Resolution Mediation
    Program(s): Civil Case Mediation Program - U.S. District Court for the Northern District of Illinois, Western Division
    Date adopted: January 1, 2003
    Abstract: These rules authorize the use of mediation for all civil cases except those involving pro se litigants, mortgage foreclosures, social security, prisoner civil rights, and bankruptcy appeals. Under these rules, a case may enter mediation on stipulation of both parties, through a motion by one party, or by court order. The rules also address the timing of referral and mediation, the qualifications and compensation of neutrals, who must participate in the mediation sessions, confidentiality, and the procedures to follow if the rules are violated.
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Mid-Level Civil Cases - Monetary Claims turn annotation off

  • 11th Judicial Circuit Local Rule 106 - Court-Annexed Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - 11th Judicial Circuit
    Date adopted: March 26, 1996
    Date amended: February 27, 2007
    Abstract: This rule applies to court-annexed arbitration in McLean and Ford Counties. It includes actions subject to mandatory arbitration, qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, administration of the hearings, awards and judgments. The rule also outlines the duties of the supervising judge for arbitration.
  • 12th Judicial Circuit Local Rule 16.00: Court-Annexed Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - 12th Judicial Circuit
    Date adopted: December 1, 1995
    Date amended: August 3, 2009
    Abstract: This rule discusses the actions subject to mandatory arbitration, qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, conduct of the hearings, default of a party, awards and judgments. Also, it describes the administration of the mandatory arbitration program.
  • 14th Judicial Circuit Local Rules, Part 24: Court-Annexed Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - 14th Judicial Circuit
    Date adopted: March 1, 2000
    Date amended: April 1, 2005
    Abstract: This rule discusses the actions subject to mandatory arbitration, qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, conduct of the hearings, default of a party, awards and judgments. It also describes the administration of the mandatory arbitration program.
  • 16th Judicial Circuit Local Rule 11.00 et seq. - Arbitration Program
    Program(s): Mandatory Arbitration Program - 16th Judicial Circuit
    Date adopted: November 3, 1995
    Date amended: May 5, 2008
    Abstract: This section applies to court-annexed arbitration for major civil litigation in the 16th Circuit (Kane County). It details the rules and procedures regarding arbitration, including actions eligible for arbitration, scheduling of arbitration hearings, and arbitration hearing procedures.
  • 17th Judicial Circuit Local Rule 2.09 - Court-Annexed Small Claims Mediation
    Program(s): Court-Annexed Small Claims Mediation Program - 17th Judicial Circuit
    Date adopted: October 1, 2005
    Abstract: This rule authorizes referral to mediation of small claims cases involving pro se litigants. All such litigants shall be offered the opportunity to participate in mediation at the first return date; however, mediation can take place at any time in the small claims process. The rule provides for confidentiality and creates a peer review process for mediators.
  • 18th Judicial Circuit Article 13 - Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - 18th Judicial Circuit
    Date adopted: January 23, 1989
    Date amended: January 23, 2006
    Abstract: Under this rule, all eligible cases valued between $10,000 and the monetary limit authorized by the Illinois Supreme Court must be referred to non-binding arbitration. The rule outlines the necessary qualifications to be placed on the roster of approved arbitrators, the compensation for the arbitrators, scheduling and conduct of the hearings, discovery, and the procedure for rejecting an award. The rule prohibits post-hearing contact with the arbitrators.
  • 19th Judicial Circuit Local Rule 17 - Mandatory Arbitration Program
    Program(s): Mandatory Arbitration Program - 19th Judicial Circuit
    Date adopted: November 27, 1990
    Date amended: October 9, 2007
    Abstract: This section applies to court-annexed arbitration in the 19th Circuit (Lake County). The arbitration rules of the Illinois Supreme Court are referenced within. In this circuit, the amount in controversy must exceed $10,000 but not exceed $50,000. It includes actions subject to mandatory arbitration, qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, administration of the hearings, awards and judgments.
  • 20th Judicial Circuit Local Rule 14.00: Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - 20th Judicial Circuit (St. Clair County)
    Date adopted: May 11, 1993
    Date amended: August 2, 2004
    Abstract: This rule applies to St. Clair County. It mandates arbitration for cases valued between $15,000 and $50,000. Included in the rule are qualifications to be an arbitrator for the program, as well as procedures for scheduling and conducting the hearings, conducting discovery, and filing awards and award rejections.
  • 22nd Judicial Circuit Court Rules, Part 17.00: Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - 22nd Judicial Circuit
    Date adopted: January 1, 2007
    Abstract: Under this rule, all cases valued between $10,000 and $50,000 are transferred to mandatory arbitration at filing. Other cases so valued but not transferred by the clerk may be referred to the program by the court at a status conference or pre-trial hearing. Small claims cases in which a jury demand is filed are also subject to this rule. The rule calls for the case to be heard by a panel of three arbitrators, who are paid by the court. It outlines the qualifications necessary to be placed on the court's roster. Also discussed are the procedure for filing the award and for rejecting the award. The rule also imposes sanctions upon a party who rejects the reward, proceeds through trial and does not achieve a verdict better than the arbitration award.
  • 3rd Judicial Circuit Rules Governing Court-Annexed Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - 3rd Judicial Circuit (Madison County)
    Date adopted: January 1, 2007
    Abstract: These rules outline guidelines for the court's mandatory arbitration program. They include procedures for qualifying, appointing and compensating arbitrators, scheduling hearings and filing awards with the court.
  • 4th Judicial Circuit Local Rule 12 - Civil Mediation
    Date adopted: June 1, 2011
    Abstract: This rule authorizes judges to refer any contested civil matter, including law, chancery and probate cases, to mediation. Parties may also file a written stipulation to mediation "any issue between them at any time." Parties may select their own mediator, or the court may appoint one from a court-certified roster. The rule describes mediator certification requirements, the selection process and compensation guidelines. Both parties are required to attend mediation and participate in good faith. The rule further describes mediation procedure and confidentiality guidelines.
  • 5th Judicial Circuit Local Rule XV - Court-Annexed Civil Mediation
    Program(s): Small Claims Mediation Program - 5th Judicial Circuit
    Date adopted: January 23, 2012
    Abstract: Any small claims, law minor or law case may be referred to mediation at any point of the court proceedings. Parties may also request mediation. The court will assign mediators from its roster of court-approved civil mediators. To qualify for the roster, a mediator must complete at least 32 hours of mediator training approved by the court and co-mediate at least three mediations following training. Mediators provide their services at no cost to the court or the parties. The rule also addresses confidentiality, mediation procedures, conflict of interest, discovery, mediator disqualification and decertification, and reporting requirements. Participation in this program by each county court in the circuit is voluntary and is left to the discretion of the presiding judge.
  • Cook County Circuit Court Local Rule 18.00: Mandatory Arbitration
    Program(s): Mandatory Arbitration Program - Cook County Circuit Court
    Date adopted: January 16, 1990
    Date amended: February 24, 2003
    Abstract: This section applies to court-annexed arbitration in Cook County. The arbitration rules of the Illinois Supreme Court are referenced within. In this circuit, the amount in controversy must not exceed $30,000. The rule outlines the qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, administration of the hearings, and awards and judgments.
  • U.S. District Court for the Central District of Illinois Local Civil Rule 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 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.
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Other Civil Cases (Probate, Chancery, Mechanics Lien) turn annotation off

  • 10th Judicial Circuit Administrative Order No. 11-04, Exhibit D: Peoria County Mandatory Residential Foreclosure Mediation Rules
    Program(s): Peoria County Mandatory Residential Mortgage Foreclosure Mediation Program - 10th Judicial Circuit
    Date adopted: April 21, 2011
    Abstract: These rules mandate mediation for all residential real estate foreclosure filed in Peoria County. "Residential real estate" is defined by the Illinois Mortgage Foreclosure Act, and generally includes an owner-occupied single-family house or multi-family building containing no more than six units, where one of the units is the primary residence of the owner. The lender is required to pay a $25 mediation filing fee for eligible cases and notify the defendant about the mediation program in the summons. The borrower is required to attend a pre-mediation conference with the mediation coordinator, where they will review the borrower's financial information. If the borrower meets the initial criteria for a loan modification or workout, or expresses a desire to surrender the property to the lender, the case will be scheduled for mediation. The criteria for a loan modification or workout include whether the borrower has higher monthly income than expenses.

    The borrower is required to attend the mediation conference in person, and the lender's representative must appear in person or by telephone. If the lender fails to appear and participate in good faith, the court may impose sanctions against the lender, which may include dismissal of the case. If the borrower fails to attend mediation, the case will be referred back to court. Cases are mediated by court-certified mediators. To be certified, a mediator must be a retired judge or a member of the Illinois bar with at least five years of experience of litigation in foreclosure or at least 10 years of experience in real estate or litigation. A mediator must also complete a mediation training program approved by the court. Mediators are paid $150 per case.

    The rules also address the mediation process, discovery, confidentiality of mediation communications, and mediator immunity.
  • 11th Judicial Circuit - McLean County Circuit Court Residential Mortgage Foreclosure Mandatory Mediation Program Rules
    Date adopted: February 15, 2012
    Abstract: These rules set procedures for the McLean County Residential Mortgage Foreclosure Mandatory Mediation Program. All residential foreclosures are subject to mediation. When a residential foreclosure claim is filed, the court clerk sets a date for a pre-mediation conference. Borrowers are informed of the conference in the foreclosure summons, which also includes information about the mediation process. In order to be considered for mediation, borrowers must attend the pre-mediation conference, where they will meet with a housing counselor and pro bono counsel to evaluate their case. Borrowers must bring financial information to the conference, where it will be used to determine if the borrower is a candidate for a loan modification or other loan workout. All financial information presented at the conference will be kept confidential and not disclosed to the lender without the borrower's consent. If a loan workout is not an option, mediation may still be considered as a method for the lender and borrower to negotiate other alternatives to foreclosure. In cases where mediation is identified as a viable option, the housing counselor and pro bono counsel submit a modification packet or settlement offer to the lender's counsel and facilitate the exchange of documents between the parties prior to mediation.

    The borrower must attend the mediation conference in person, and the lender's representative with full authority to settle must attend in person or by phone. Failure of either party to attend or participate in good faith may result in sanctions from the court. Cases are mediated by mediators who have completed a court-approved foreclosure mediation training program and have been approved by the court. Mediators are paid $100 per case. This compensation is funded by a new $25 foreclosure filing fee.
  • 11th Judicial Circuit - McLean County Residential Foreclosure Mediation Program Defendant's Initial Questionnaire Form
    Date adopted: February 15, 2012
    Abstract: This questionnaire is served to defendant borrowers along with the summons for residential foreclosure claims. Defendants are required to bring the completed questionnaire to a pre-mediation conference in order to participate in the court's Residential Mortgage Foreclosure Mandatory Mediation Program. The questionnaire asks about the circumstances that caused defendants to miss mortgage payments, as well as additional information about their current income and expenses.
  • 11th Judicial Circuit - McLean County Residential Foreclosure Mediation Program Notice of Mandatory Mediation Form
    Date adopted: February 15, 2012
    Abstract: This form is served along with the summons for residential foreclosure claims. It explains the purpose of the court's Residential Mortgage Foreclosure Mandatory Mediation Program. Defendant borrowers must attend a pre-mediation conference in order to participate in the program. The form lists all of the financial documents the borrower must bring to the conference, as well as contact information for local housing counseling agencies.
  • 11th Judicial Circuit - McLean County Residential Foreclosure/Mediation Summons Form
    Date adopted: February 15, 2012
    Abstract: This form is used to alert defendant borrowers that a foreclosure claim has been filed against them. It includes the date, time and place for a pre-mediation conference that they must attend if they wish to participate in the court's Residential Mortgage Foreclosure Mandatory Mediation Program. The form explains that a mortgage evaluator will work with the defendant at the conference to discuss alternative to foreclosures and determine whether the defendant is a candidate for a mortgage modification. This form is sent along with a longer description of the mediation program.
  • 11th Judicial Circuit Administrative Order No. 2012-03: McLean County Residential Mortgage Foreclosure Mandatory Mediation Program
    Date adopted: February 15, 2012
    Abstract: The McLean County Residential Mortgage Foreclosure Mandatory Mediation Program is established by this administrative order. When plaintiffs file a residential foreclosure, a date is set for a pre-mediation conference, which the defendant borrower must attend to participate in the program. Plaintiffs inform the defendant about the conference and their option to mediate in the summons form. Plaintiffs are also required to send a questionnaire to be used at the conference along with the summons. At the pre-mediation conference, the defendant's case will be assessed by pro bono counsel and/or a HUD-certified housing counselor to determine if a loan modification is feasible. If so, the mediation process will move forward. Once the defendant has submitted all necessary paperwork to the plaintiff, a mediation session will be held. While a case is in mediation, no further actions to pursue foreclosure may be taken by the plaintiff. The order also establishes a $25 filing fee to cover the costs of the program and describes mediation attendance requirements and confidentiality guidelines.
  • 12th Judicial Circuit Administrative Order No. 10-18: Residential Mortgage Foreclosure Mandatory Mediation Program
    Program(s): Will County Foreclosure 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
    Program(s): Will County Foreclosure Mediation Program
    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
    Program(s): Will County Foreclosure Mediation Program
    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.
  • 19th Judicial Circuit - Civil Mediator Petition
    Program(s): Family Mediation Program - 19th Judicial Circuit, Probate Mediation Program - 19th Judicial Circuit
    Date adopted: January 1, 2012
    Abstract: Mediators wishing to be certified to mediate for the court's civil, probate and family mediation programs must submit this form to the court.
  • 19th Judicial Circuit Local Rule 14.28 - Probate Mediation Program
    Program(s): Probate Mediation Program - 19th Judicial Circuit
    Date amended: October 1, 2011
    Abstract: Any probate matter may be referred to mediation either at the court's initiative or at the request of the parties. In some circumstances, a party may move to dispense with or defer mediation. The parties may choose a mediator, or the court may appoint one, from a list of court-approved mediators maintained by the court. Mediators must complete a court-approved, 40-hour training program and be a retired judge or a member of the Illinois Bar in good standing for at least eight years. The rule also addresses the mediation process, attendance requirements, confidentiality, and mediator compensation and immunity.
  • 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.
  • 3rd Judicial Circuit Local Rules of Practice, Part 9: Residential Mortgage Foreclosure Mediation
    Program(s): Mortgage Foreclosure Mediation Program - 3rd Judicial Circuit
    Date adopted: March 14, 2011
    Date amended: June 27, 2012
    Abstract: This rule establishes the court's foreclosure mediation program. Mediation is available only for cases involving owner-occupied, residential properties that serve as the homeowner's primary residence. Homeowners are served a mediation request form and financial questionnaire along with the foreclosure summons. They must submit the form and questionnaire to the court within 30 days in order to be considered for mediation. The program manager screens mediation requests to ensure that homeowners are eligible for mediation.

    Once a homeowner is determined to be eligible for mediation, the homeowner, the homeowner's attorney or designee, and the plaintiff's counsel are required to attend a pre-mediation conference. In addition to an attorney, the homeowner may be assisted by a family member, housing counselor or community volunteer. At the conference, the two parties discuss the mortgage modification process and work with the program manager to identify documents needed from each side to review the homeowner's eligibility for certain resolution options and prepare for mediation. The case is then set for Pre-Mediation Status to further review the homeowner's options. If the case is not resolved at this point and the homeowner requests full mediation, the program manager will then assign a court-certified mediator and schedule the mediation. The rule further discusses the mediation process, as well as mediator training requirements and qualifications. It also sets a $150 mortgage foreclosure filing fee (for "residential, commercial, industrial, or other" properties) to defray the costs of the program.
  • 4th Judicial Circuit Local Rule 12 - Civil Mediation
    Date adopted: June 1, 2011
    Abstract: This rule authorizes judges to refer any contested civil matter, including law, chancery and probate cases, to mediation. Parties may also file a written stipulation to mediation "any issue between them at any time." Parties may select their own mediator, or the court may appoint one from a court-certified roster. The rule describes mediator certification requirements, the selection process and compensation guidelines. Both parties are required to attend mediation and participate in good faith. The rule further describes mediation procedure and confidentiality guidelines.
  • Cook County Circuit Court General Administrative Order 2010-01: Mortgage Foreclosure Mediation Program
    Program(s): Mortgage Foreclosure Mediation Program - Cook County Circuit Court
    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 Central District of Illinois Local Civil Rule 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 for the Central District of Illinois Local Civil 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.
  • 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, 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.
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