Ill. R. Cir. Ct. Will Cnty. 17.02

As amended through September 23, 2024
Rule 17.02 - Scheduling of Mediation
A. Conference or Hearing Date

Unless otherwise ordered by the court, the first mediation conference shall be held within four (4) weeks of the Order of Referral.

At least ten (10) days before the conference, 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, he/she should advise the mediator in writing at the same time the summary is filed. The summary shall include the facts of the occurrence, opinions of liability, all damages and injury information, and any offers or demands regarding 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 location, date and time of the mediation conference. All notices shall be mailed and recorded by court personnel assigned to the mediation program.

C. Scheduling Precedence

In the event that a mediation session creates a scheduling conflict with a mandatory arbitration hearing, the arbitration hearing shall take precedence. All parties shall immediately reschedule the mediation session to another time agreeable to the mediator and the Administrator of the mediation program.

D. 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 12th Judicial Circuit;
2. The issue presents questions of law only;
3. The order violates Section 17.01(B) of this General Order;
4. Other good cause is shown.
E. 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 hearing prior to the scheduled date for mediation. Notice of the hearing shall be provided to all interested parties, the Administrator of the mediation program, and 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 disposition of the motion.

Ill. R. Cir. Ct. Will Cnty. 17.02

Effective 11/30/2015; Revised 10/1/2023.