Ill. R. Cir. Ct. McHenry Cnty. 20.02

As amended through September 23, 2024

Rule 20.02 - SCHEDULING OF MEDIATION

A.Conference or Hearing Date.

Unless otherwise ordered by the court, the first mediation conference shall be held within eight (8) weeks of the Order of Referral.

At least ten (10) days before the conference or as otherwise required by the mediator, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time the summary is filed. The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding a settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

B.Notice of Date, Time and Place.

Within 28 days after the Order of Referral, the mediator shall notify the parties in writing of the date, location, and time of the mediation conference.

C.Motion to Dispense with Mediation.

A party may move, within 14 days after the Order of Referral, to dispense with mediation if:

1. The issue to be considered has been previously mediated between the same parties pursuant to General Order of the Twenty-Second Judicial Circuit;

2. The issue presents a question of law only;

3. The order violates subparagraph 20.01 of this General Order;

4. Other good cause is shown.

D.Motion to Defer Mediation.

Within 14 days of the Order of Referral, any party may file a motion with the court to defer the mediation. The movant shall set the motion to defer the mediation proceeding prior to the scheduled date for mediation. Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation shall be tolled until the disposition of the motion.

Ill. R. Cir. Ct. McHenry Cnty. 20.02