Ill. R. Cir. Ct. Lake Cnty. 7-2.12

As amended through September 23, 2024

Rule 7-2.12 - Appointment, Qualifications and Compensation of the Mediators

A. Mediators shall be appointed by the Program Coordinator, who shall maintain the schedule of cases set for mediation and the assigned Mediators. The Chief Judge may enter into a contract with an entity to economically and efficiently provide the mediation services subject to all Court Rules and Procedures.

B. The Coordinator shall maintain a list of Mediators who have been approved by the Supervising Judge for Mediation of Mortgage Foreclosure Cases as foreclosure Mediators. Coordinator shall also provide Supervising Judge with Mediator performance statistics and make recommendations about Mediators continued service with the Program.

C. Any person is eligible to apply to serve as a Mediator for the purposes of this Rule, if the applicant:

1. Demonstrates completion of a forty hour civil mediation course and a mortgage foreclosure mediation training program approved by the Chief Judge; and

2. Is a member in good standing of the Illinois bar or a retired judge or a certified public accountant or a licensed real estate broker, and

3. Provides satisfactory proof of professional liability insurance covering the mediation process to the Supervising Judge for Mediation of Mortgage Foreclosure Cases.

D. The Coordinator must be provided with documentation concerning any changes relating to professional licensures, and concerning any changes in professional liability insurance covering the mediation process.

E. The Mediator shall comply with such general standards established and promulgated in writing by the Supervising Judge for Mediation of Mortgage Foreclosure Cases. Mediators shall comply with the Uniform Mediation Act, 710 ILCS 35/1 et seq. as amended. A Mediator shall not mediate a matter that presents a conflict of interest. A conflict of interest arises when any relationship between the Mediator and the mediation participants or the subject matter of the dispute compromises or appears to compromise the Mediator's impartiality. A Mediator shall not be involved in any capacity other than Mediator in any case to which the Mediator is assigned. A Mediator may not use any information obtained during the mediation process for any purpose outside of mediation unless required to do so by law.

F. The eligibility of each Mediator to retain the status of a Mediator shall be periodically reviewed by the Supervising Judge for Mediation of Mortgage Foreclosure Cases and in any event no longer than eighteen months after date of appointment. Additionally, failure to adhere to standards set forth above may result in the removal of the Mediator by the Supervising Judge for Mediation of Mortgage Foreclosure Cases.

G. Mediators shall be compensated as funding allows and as set by Administrative Order. The Chief Judge may enter into a contract with a Mediator to economically and efficiently provide the mediation services subject to all Court Rules and Procedures.

Ill. R. Cir. Ct. Lake Cnty. 7-2.12

Amended effective 10/24/2016.