Ill. R. Cir. Ct. Lake Cnty. 4-3.19

As amended through September 23, 2024

Rule 4-3.19 - Family Mediation Program

The Chief Judge is authorized to establish a list of qualified mediators in accordance with the provisions and standards set forth in this Rule. In the interests of efficient administration, and to maintain the highest level of competence, the Chief Judge may, in his or her discretion, add or remove members of the list at any time. The list shall be known as the Family Division Mediator List.

A.Definitions

1. These Rules hereby adopt by reference the definitions contained in 710 ILCS 35/2 as if fully set forth herein. In addition to those definitions, the following definition applies.

2. An "impediment to mediation" is any condition, including but not limited to domestic violence or intimidation, substance abuse, child abuse, mental illness or a cognitive impairment, that hinders the ability of a party to negotiate safely, competently, and in good faith. Pursuant to these Rules, the identification of impediments in a case is necessary to determine whether mediation should be required, and to insure that only those parties having a present, undiminished ability to negotiate are directed by the Court to mediate under this Rule.

B.Referral to Mediation; Time for Referral; Time for Disposition

1. Mediation shall be ordered by the Court, except upon a showing of the existence of an impediment to mediation or for other good cause shown, for all disputes involving child allocation of parental responsibility, allocation of parenting time, removal, or other noneconomic issues relating to the child or children, either pre-judgment or post-judgment. Mediation shall be limited to the issues specified by the Court in the referral Order.

2. Parties who do not present the Court with a Parenting Plan at the Initial Case Management Conference shall be referred to mediation. Upon referral to mediation, the Court will set a 7-week status date, at which time the parties must report on their progress in dealing with all child-related issues. At this status date, the Court will order continued mediation if the parties are willing to attempt further efforts to resolve their disputes, or the Court will schedule a subsequent Case Management Conference within thirty days thereafter as required by the Illinois Supreme Court Rule 218.

3. At the Initial Case Management Conference, the Court shall set a trial date that complies with Illinois Supreme Court Rule 922, which mandates that all allocation of parental responsibility proceedings be resolved to final Order within eighteen months from the date of service of the Petition or Complaint, unless otherwise ordered for good cause shown.

4. The failure of a party, or counsel for a party, to appear in court at the Initial Case Management Conference, or at the 7-week status date set subsequent to mediation referral, or any scheduled Case Management Conferences under Rule 218, may subject that party to all available sanctions under Illinois Supreme Court Rule 219. Such sanctions may include dismissal of the entire proceeding if Petitioner fails to appear, or the imposition of attorney's fees, monetary sanctions, and/or the opposing party's cost of transportation, loss of income and other expenses incident to that party's attendance at the conference.

C. Subject Matter of Mediation

1. Mediation may also be ordered for issues other than those described in Section (B)(1), including economic issues. For mediation of these other issues, the Court shall take into account the qualifications and professional background of the individual mediator appointed.

2. Economic issues may not be mediated unless specifically ordered by the Court or agreed upon by the parties if they are mediating with an attorney-mediator.

D.Screening for Impediments

1. At the initial orientation session and from time to time as necessary during the course of mediation, the mediator shall screen the parties for the presence of an impediment to mediation as defined under Section (A)(2) of this Rule.

2. If a mediator determines that an impairment exists that hinders the ability of the parties to negotiate safely, competently, or in good faith, mediation shall terminate and the case shall be returned to court for further proceedings, unless the parties agree to continue in mediation the mediator determines that the implementation of safeguards would remove the impediment(s) to safe and productive mediation.

3. If the parties to mediation are subject to an Order of Protection, mediation may nevertheless continue if both parties agree and the mediator determines that the sessions will be safe and productive. If the Order of Protection prohibits contact, the parties shall not meet in joint sessions.

E.Qualifications, Requirements and Selection of Dissolution Mediators

1. Any person who meets the following criteria is eligible to apply to serve as a mediator for the purposes of this Rule:

a. The applicant must satisfactorily complete a 40-hour divorce mediation training program approved by the Court. In addition, the applicant must have completed training specific to domestic violence, child abuse, substance abuse and mental illness, providing the applicant an understanding of the issues relating to these impairments, and of the parties’ ability to negotiate effectively when impacted by one or more of these impairments.

b. The applicant must have a degree in law, or a graduate degree in a field that includes the study of psychiatry, psychology, social work, human development, family counseling, or other behavioral science substantially related to marriage and family interpersonal relationships, or a related field otherwise approved by a Presiding Judge of the Family Division.

c. The applicant must be a member in good standing in the professional organization of his or her respective disciplines.

d. The applicant must provide proof of professional liability insurance covering the mediation process, providing coverage satisfactory to the Presiding Judge of the Family Division.

e. The applicant must have a minimum of two years of work experience in his or her discipline or profession, or otherwise be supervised by a qualified mediator.

f. The applicant must maintain an office in the Nineteenth Judicial Circuit.

2. All persons who meet the above requirements and are interested in acting as a Court appointed mediator shall provide proof by way of affidavit, supported by documentation of the aforesaid requirements, to the Presiding Judge of the Family Division, or to the person otherwise designated to receive such material.

3. A law school student who has been certified under Supreme Court Rule 711 to render legal services and meets the program requirements at the law school certifying the law school student may participate in the Family Law Student Mediation Program. The student must meet the following additional criteria in Subsections 3a through 3c:

a. Students must either have family law experience, have completed a family law course, or be registered for a family law course during the current semester; and

b. Students must have completed a 40-hour mediation training program; and

c. Students must be supervised by an approved mediator on the days the students are working with the Court. The law school certifying the law school student will provide an attorney/case manager to supervise students.

d. Students will observe mediations, co-mediate and if deemed “qualified,” mediate independently, under circumstances consistent with Supreme Court Rule 711. Students may mediate independently only if a Presiding judge, or their designee, and the law school certifying the law school student are in agreement. Students will also perform activities that are helpful to the approved mediator, the Court and the family law volunteer mediation program.

4. The Presiding Judge of the Family Division shall prepare a list of approved mediators. The list shall be submitted to the Chief Judge, who shall have the discretion to include or remove persons from the list at any time, or to waive any of the above requirements, when necessary to promote the highest standards of competency. An applicant denied inclusion on, or removed from the list, may appeal the decision in writing within ten days to the Chief Judge. The Chief Judge shall decide the appeal after an opportunity for the applicant or member to be heard. The decision of the Chief Judge shall be final. The list shall be reviewed in every even numbered year.

5. An approved mediator shall attend ten hours of continuing education every two years, on subjects related to child allocation of parental responsibility, allocation of parenting time, domestic violence, substance abuse, mental illness or the mediation process. The mediator shall be responsible to provide proof of attendance by way of affidavit, of the specific course, seminar, or class attended to the Presiding judge of the Family Division at least thirty days prior to his or her two-year anniversary date of certification.

6. From time to time, mediators may be required to attend specific trainings offered or sponsored by the Family Mediation Program, the Bar Association or other individuals or organizations.

7. Each year, a mediator shall mediate two low-income cases, as identified by the Court, at a reduced fee. In addition, each mediator shall volunteer to staff a room to which judges in the Family Division can refer parties who have discrete issues requiring resolution. The room will be staffed by volunteers, as necessary. Mediators can sign up for available days on a calendar that will be located at the reception desk for Court administration.

F.Referral Procedure

1. Upon the Court's Order or the parties' agreement to participate in mediation, the case shall be assigned a mediator. This mediator may be chosen by agreement of the parties. Absent such an agreement, the Court shall assign a mediator from the list of qualified mediators, and the selection of the mediator shall be in the sole discretion of the judge. A Mediation Order shall be issued and signed by the Court. A mediation status date will be set for no later than seven weeks from the date the Mediation Order was issued.

2. The Court may also designate in its Order what percentage of the mediation fee should be paid by each party, and/or whether the case should be considered a low-income case.

3. Parties are obligated to participate in the mediation process when ordered by the Court. The parties' attorneys shall encourage their clients to mediate in good faith, and the parties shall participate in mediation in good faith.

4. After entry of a Mediation Order by the Court, the absence of a party at a mediation session or the lack of a party's participation in the mediation process may result in sanctions, including reasonable costs to the other party for mediation and attorney's fees.

5. If the appointed mediator has any conflict of interest, another mediator shall be appointed from the list. If the mediator appointed on a designated low-income case has already met his or her annual requirement for mediating low-income cases, and so informs the Court, the Court shall appoint another mediator. The Presiding Judge of the Family Division, or the person otherwise designated, shall keep a record of low-income cases assigned to each mediator to ensure a fair distribution of these cases.

6. By the status date, the mediator shall submit a Mediator Report to the Court and the parties' legal counsel. The required form and contents of the Mediator Report are specified in Section L, below.

G.Conflict of Interest

1. Conflict of Interest: These Rules hereby adopt by reference the provisions of 710 ILCS 35/9 as if fully set forth herein. In addition to those provisions, the following requirements apply to mediations under these Rules.

2. Imputed Disqualification: No mediator associated with a law firm or a counseling agency shall mediate a dispute when the mediator knows or reasonably should know that another attorney or counselor associated with that firm or agency would be prohibited from undertaking the mediation.

3. Exception: A therapist-mediator who would otherwise be disqualified from mediation as a result of imputed disqualification may undertake the mediation only under the following circumstances:

a. There has been full disclosure to both parties about the conflict of interest and the imputed disqualification of the mediator, including the extent to which information is shared by personnel within the agency; and

b. Both parties consent to the mediation in writing.

H.Confidentiality, Privilege, Admissibility, Discovery These Rules hereby adopt by reference the provisions on privilege, admissibility, Discovery, waiver, preclusion, and exceptions to privilege as contained in 710 ILCS 35/4, 710 ILCS 35/5, 710 ILCS 35/6, and 710 ILCS 35/8 as if fully set forth herein.

I. Orientation Session The parties shall attend an initial orientation session with the mediator within twenty-one days of the Court's entry of the Mediation Order. At the orientation session, the mediator shall screen for the existence of impediments as required by Section D and shall inform the parties about the rules of confidentiality. In addition, the mediator shall inform the parties of the following:

1. That neither therapy nor marriage counseling is part of the mediator's function.

2. That the mediator will not give legal advice.

3. That an attorney-mediator will not act as an attorney for either or both parties and no attorney-client relationship will be formed. Thus, the attorney-client privilege will not apply.

4. The mediation is subject to the rules of confidentiality.

J.The Mediation Process

1. At the initial session the mediator shall provide the parties with a written agreement outlining the guidelines under which mediation shall occur and the expectations of the parties and mediator. This initial agreement shall include at a minimum, all of the foregoing information in Section I. Either or both of the parties shall be permitted to consult their respective legal counsel before executing this agreement.

2. The mediator shall assess the ability and willingness of the parties to mediate at the orientation session and throughout the process, and shall advise the parties in the event the case is inappropriate for mediation.

3. In accordance with 710 ILCS 35/10 (titled "Participation in mediation"), an attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded.

K.Termination of Mediation The parties are expected to attempt to mediate their dispute in good faith. Failure to attend a mediation session or failure to participate in mediation in good faith may subject a party to sanctions. Sanctions may include an assessment of mediation costs and/or attorney's fees incurred by the other party.

Mediation shall terminate upon the following:

1. When all issues referred for mediation have been resolved, or

2. When an individual necessary to facilitate settlement of the dispute is not present, or

3. When, in the opinion of the mediator, no purpose would be served by continuing the mediation, or

4. When the mediator determines that an impairment exists which hinders the ability of the parties to negotiate safely, competently, or in good faith, or

5. Upon Order of the Court for good cause shown.

L. Mediator Report

1. These Rules hereby adopt by reference the provisions on prohibited mediator reports as contained in 710 ILCS 35/7 as if fully set forth herein. In addition to those provisions, the following requirements apply to mediations under this Rule.

2. A mediator report in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen days after the last day of the mediation conference, and shall state the following:

a. Whether an agreement has been reached by the parties.

b. The number and duration of sessions conducted to date, and the names of those in attendance.

c. Whether mediation has been terminated or suspended.

d. The fee charged, whether that fee has been paid in full, and, if not, the outstanding amount owed. For any outstanding amount owed, the Court may direct the parties to pay that amount, and establish what percentage each party will pay.

e. Whether any additional mediation sessions are recommended.

f. Other relevant information not considered privileged or confidential under this Rule or the Uniform Mediation Act. 710 ILCS 35/1 et seq.

g. Any agreement reached by the parties which is evidenced by a record signed by all parties to the agreement.

3. In the event that all of the above information cannot be provided on the due date of the Mediator Report, the mediator shall advise the Court as to the time necessary for the completion of the mediation process. It shall be within the Court's discretion to extend mediation after the seven-week status date.

4. In addition to the report furnished to the Court, the mediator will prepare and furnish to the parties and their attorneys a written summary memorializing any agreement reached during mediation. The written summary will not be submitted to the Court unless signed by all of the parties.

M. Discovery Unless otherwise ordered by the Court, Discovery shall be limited to written Discovery until mediation is terminated by Order of the Court.

N.Payment of Fees The mediator shall charge an hourly fee to the parties, which they shall pay in equal shares unless the parties otherwise agree or the Court orders a different payment distribution. This hourly fee shall be paid to the mediator at the time of each session for the time spent in mediation at the session. In addition to the hourly fee, the mediator may request an advance deposit covering up to two hours' time to be paid at the first session. Such deposit may be applied to services rendered by the mediator outside of the mediation session, such as telephone conferences, correspondence, consultation with attorneys or other individuals, preparation of the Mediator Report, and any other work performed by the mediator on the behalf of the parties. Any additional fees that exceed the deposit or the fees collected at the time of sessions for services rendered by the mediator shall be paid as required by the mediator. In the event payments are not made as required under this Rule, or otherwise agreed to by the mediator and the parties, the mediation process may be suspended by the mediator pending compliance.

O.Judicial Immunity of Mediators Mediators and other program participants shall be entitled to such immunity as may be provided by law.

P.Statistics The Court Administrator will be responsible for all statistical data. Data shall include the number of cases referred to mediation, the number of low-income cases referred, the number and duration of sessions per case and the final outcome of each case. These statistics shall be forwarded annually to the Chief Judge, and to the Presiding Judge of the Family Division. The Chief Judge shall report annually to the Supreme Court of Illinois on this mediation program, including a count of the number of cases assigned to Court-Ordered Mediation and the results achieved.

Q.Never-Married Parents The judge hearing child support enforcement matters may order never-married parents involved in disputes concerning the allocation of parental responsibility and/or parenting time to attend mediation with a court annexed mediator who meets the qualifications set forth in this Rule. The mediator shall be available on site in the courthouse and shall provide mediation services consistent with this Rule without charge to the parties.

Ill. R. Cir. Ct. Lake Cnty. 4-3.19

Amended effective 7/15/2024.