Ill. R. Cir. Ct. Dupage Cnty. 14.25

As amended through September 23, 2024
Rule 14.25 - ORDER OF REFERRAL TO COURT-ORDERED MEDIATION AND OTHER SERVICES
(a) Enrollment in the Program shall occur before or during the first court appearance, or, if there is a continuance in the matter, prior to the continuance date.
(b) To enroll in the program, any party may contact the Eviction Mediation Program Coordinator and begin the screening process. If one party has enrolled in the Program, the Eviction Mediation Program Coordinator shall make reasonable efforts to contact the other parties and engage them in the screening process.
(c) During the screening process, the Program shall collect appropriate information and refer the party to appropriate services, including but not limited to financial counseling, rental assistance, and legal assistance. Any personal data captured by the Program shall be limited to use by the Program and its financial counseling and pro bono legal aid partners and shall not be shared or utilized for any other purposes. Aggregated, non-personal data shall be shared with the Administrative Office of the Illinois Courts, as set forth in section 14.29.
(d) As part of the Program, parties shall be provided a meaningful opportunity to access legal and financial counseling services to the extent their needs and interests demand, and as resources permit. These services may include brief legal information, pro bono legal aid, financial counseling, housing counseling, and technical assistance in preparing rental assistance applications. The Program shall have ultimate discretion as to what services are appropriate for any particular party. Participants shall be afforded a reasonable opportunity to pursue such services prior to mediation if the Program deems it necessary and/or in the interest of justice.
(e) Once the defendant has been screened and referred to appropriate services as needed, the Program shall set a mediation date no later than 28 days from the first court appearance.
(f) Parties may enter an agreed order to settle on the date of the first court appearance.
(g) If an order for mediation has been entered and the parties have not yet mediated but have reached an agreement, the parties may enter an agreed order and cancel the mediation appointment.
(h) The parties may agree to subsequent mediation sessions prior to the expiration of 28 days from the first court appearance and the parties with their mediator shall pick mutually agreed upon dates and times for mediation. Mediation sessions outside of the 28-day window may be scheduled by mutual agreement of the parties with approval of the Court.
(i) Mediations may be conducted in person at the DuPage County 18th Judicial Circuit Court located at 505 N. County Farm Road, Wheaton, IL 60187, or via telephone or video conference. Location and format of mediation will be determined by the Chief Judge.
(j) The Court's Mediation Referral Order shall include:
(i) Instructions as to where, when, and how the mediation will be expected to proceed and what each side should do to prepare for the same;
(ii) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and
(iii) Instructions as to how the case should proceed in the event no agreement is reached, including specifically a requirement that the parties return to court on a date and at a time certain thereafter, either to advise the Court as to the status of their dispute and schedule additional proceedings (if the date scheduled in the order is for "STATUS") or to immediately proceed to trial (if the date scheduled in the order is for "TRIAL").
(k) The Eviction Mediation Program Coordinator, in consultation with the Arbitration Administrator shall develop forms and a process for the scheduling of each mediation.
(l) If a case is scheduled for trial in the Mediation Referral Order, it shall be subject to the applicable Illinois law and Local Rules governing trials in this circuit, with no continuances allowed other than as provided for in those Rules.
(m) The parties should advise the Court, prior to the entry of a Mediation Referral Order, whether any discovery may be necessary prior to trial and the Court should consider the same in determining whether to schedule the case for STATUS or TRIAL.

Ill. R. Cir. Ct. Dupage Cnty. 14.25