Statutes Regarding Court ADR
The summaries and citations to state statutes governing court ADR in Illinois are presented on this site in the order they appear in the Illinois Compiled Statutes. The federal statues are presented in the order they appear in the United States Code.
Note: Court ADR efforts are dynamic. The summaries are for informational purposes only; they are not a substitute for the statutes. See the RSI disclaimer. Updates or suggestions for additional court ADR statutes are welcome. To provide information, contact RSI.
State Statutes turn annotation off
State Employee Indemnification ActCitation: 5 ILCS 350/1
Date adopted: Dec. 3, 1977; amended Dec. 9, 2003
Summary: This Act provides immunity to arbitrators covered under the Mandatory Arbitration System.
Illinois Equal Justice ActCitation: 30 ILCS 765
Date adopted: Jan. 1, 2000
Summary: This act amends the Illinois Farm Legal Assistance Act. It authorizes the Illinois Equal Justice Foundation, a not-for-profit corporation created by the Illinois State Bar Association and the Chicago Bar Association, to establish and administer the Illinois Equal Justice Fund. The foundation is authorized under the act to distribute fund money to legal information centers, regional legal services hotlines, self-help assistance desks, dispute resolution centers, and other qualified civil legal services providers.
For more information contact:
Leslie Corbett, Executive Director
Illinois Equal Justice Foundation
111 N. Wabash
Chicago, IL 60602
Juvenile Court Act of 1987 - Community Mediation ProgramCitation: 705 ILCS 405/5-310
Date adopted: Jan. 1, 1999
Summary: This act calls for the establishment of community programs designed to provide citizen participation in addressing juvenile delinquency through panels that informally hear juvenile cases that are referred as station adjustments, probation adjustments, or as diversion from prosecution. It also outlines the manner in which these cases should be disposed and provides an oath of confidentiality to be signed by all program mediators and observers.
Uniform Mediation ActCitation: 710 ILCS 35
Date adopted: Jan. 1, 2004
Summary: This act makes all mediation communications confidential, with certain exceptions. It bars mediators from reporting specified information to the court regarding the mediation and requires all mediators to disclose conflicts of interest to the parties.
Reviewing Court Alternative Dispute Resolution ActCitation: 710 ILCS 40/1 et seq.
Date adopted: July 22, 2004; amended Jan. 1, 2010
Summary: The Supreme Court is authorized to set rules determining the "practice, procedure and administration" of alternative dispute resolution programs in the appellate courts. The statute also makes inapplicable the Uniform Mediation Act and the Uniform Arbitration Act to any ADR program in the reviewing courts, except as provided by Supreme Court Rule. When this statute was first passed in 2004, it established the Reviewing Court Alternative Dispute Resolution Fund. The fund was eliminated in 2010 and the remaining balance was transferred to the state's Mandatory Arbitration Fund.
Illinois Not-For-Profit Dispute Resolution Center ActCitation: 710 ILCS 20/1, et seq.
Date adopted: Sept. 23, 1987: amended Jan. 1, 2003
Summary: This act authorizes the creation of a dispute resolution fund in judicial circuits located in counties with a population of greater than 2,000,000, and offers the terms under which other judicial circuits may establish such a fund. It also defines terms used within, such as "dispute resolution center", explains what type of organization qualifies for the funding and how the funds are obtained. It was amended in July 2003 to allow community mediation centers receiving funds through this act to charge a fee for services not related to the court.
Use of Arbitration Funds for Other ADR ActivitiesCitation: 735 ILCS 5/2-1007A and 735 ILCS 5/2-1009A
Date adopted: Sept. 15, 1987; amended Jan. 11, 2008
Summary: These two sections of the Mandatory Arbitration System (735 ILCS 5/2-1001A et seq.) were amended so that the fees received by the circuit court clerk may be authorized to fund other ADR programs within counties that have mandatory arbitration programs.
Illinois Mandatory Arbitration SystemCitation: 735 ILCS 5/2-1001A et seq.
Date adopted: Jan. 1, 1986; amended Jan. 11, 2008
Summary: This section authorizes the use of arbitration by three-member panel in civil actions valued up to $50,000 by implementation of Illinois Supreme Court Rules, which should address qualifications, compensation, and appointment of the arbitrators. The system is to be paid for through filing fees on civil cases, the amount of which is statutorily defined.
Illinois Marriage and Dissolution of Marriage Act - ADR in Matrimonial Fee Dispute CasesCitation: 750 ILCS 5/508 (c)(4)
Date adopted: June 1, 1997
Summary: This section of the Marriage and Dissolution of Marriage Act addresses when an ADR process to resolve disputes between lawyers and clients regarding fees and costs in matrimonial cases is mandatory. Such a process is mandatory in judicial circuits for counties with populations of greater than 1,000,000 unless both the client and the lawyer opt out. In all other circuits it is mandatory if neither side opts out.
Illinois Marriage and Dissolution of Marriage Act - Mediation of Custody IssuesCitation: 750 ILCS 5/602.1(b)
Date adopted: Jan. 1, 1986; amended July 29, 2005
Summary: This section of the Marriage and Dissolution of Marriage Act authorizes the court to order mediation to assist the court "in making a determination whether an award of joint custody is appropriate." An exception is made when the health or safety of a partner is at risk.
Illinois Marriage and Dissolution of Marriage Act - Mediation of Visitation IssuesCitation: 750 ILCS 5/607.1(c)(4)
Date adopted: July 20, 1993
Summary: This section of the Marriage and Dissolution of Marriage Act authorizes the court to order mediation for the resolution of visitation issues, except in cases in which there is evidence of domestic violence.
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Federal Statutes turn annotation off
Civil Justice Reform Act of 1990Citation: 28 USC 471-482
Date adopted: Dec. 1, 1990; amended Dec. 9, 2001
Summary: With this statute, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also requires district courts to consider the use of neutral evaluation programs and addresses the question of who should attend settlement discussions.
Alternative Dispute Resolution Act of 1998Citation: 28 USC 651 (1998)
Date adopted: Oct. 30, 1998
Summary: This Act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process within its jurisdiction.
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