Ill. R. Cir. Ct. Will Cnty. 8.14

As amended through September 23, 2024

Rule 8.14 - Mediation Program

Mediation may be ordered by the Court at the request of the parties or on the Court's motion. The purpose of mediation is to aid the parties in reaching a mutual agreement by an informal and non-adversarial process. Parties are required to mediate in good faith. Further, Supreme Court Rule 905 requires each Circuit to establish a mediation program for cases involving any issues related to parenting time and decision-making. And Supreme Court Rule 923 requires the Court to schedule mediation on an issue of parental responsibility and/or a parenting plan in the absence of an agreement between the parties. This rule shall apply to both mandatory and agreed mediation.

A. Subject matter

1. Pursuant to 750 ILCS 5/602.10(c), the Court must order mediation to assist parents in formulating a parenting plan unless the Court finds that impediments to mediation exist. See also Supreme Court Rule 905(b).

2. Pursuant to 750 ILCS 602.10(f)(3), a final parenting plan in which shared decision-making is ordered must include a mediation provision.

3. The Court has the authority to order agreed mediation on all other Domestic Relations division issues not otherwise deemed ineligible by statute or rule.

B. Waiver

1. The Court may waive mandatory mediation upon a finding that impediments to mediation exist or upon a finding that the parties privately attended a non-court ordered mediation on the issue that is presently before the Court, but that said mediation failed.

2. If an appointed mediator discovers a potential impediment to continued mandatory mediation, the mediator shall suspend mediation and inform the Court of the impediment in the mediation report. The Court may then revise its mediation order or waive further mediation.

C. Approved Mediators for Mandatory Mediation

1. The 12^th Judicial Circuit shall promulgate a list of approved mediators that may be appointed under this Rule. The list shall include current contact information for each mediator and the hourly rate charged by each mediator. The list shall be updated, at a minimum, on an annual basis.

2. The list shall be available on the websites of the Circuit Court and the Circuit Clerk.

3. Prospective mediators must complete an application, available from the Office of the Chief Judge, and demonstrate compliance with the following criteria:

(a) Completion of a court-approved divorce mediation training program. Said program must consist of a minimum of 45 hours, including 5 hours of impairment recognition training. Impairment recognition training may, in the judge's discretion, be waived by the presiding judge of the Domestic Relations division.

(b) Completion of a degree in one of the following fields: law, psychiatry, psychology, social work, human development, family counseling, or behavioral science related to family issues. The degree requirement may, in the judge's discretion, be waived by the presiding judge of the Domestic Relations division.

(c) If engaged in a licensed discipline, maintenance of valid license.

(d) Hold malpractice insurance in the minimum amount of $500,000 or as otherwise set by the presiding judge of the Domestic Relations division.

(e) Agree to mediate at least two reduced-fee or pro bono cases per year.

Once an applicant is approved and added to the list of mediators, they shall annually submit written certification of their continued compliance with the above criteria and upon request of the Chief Judge's Office, provide proof of same.

D. Appointment Procedure

1. Upon the Court's order for mandatory mediation, the parties may jointly propose an agreed mediator from the approved list. The Court shall appoint the agreed mediator unless good cause exists to deny the appointment. Absent an agreement, the Court shall select and appoint a mediator from the approved list.

2. The order appointing a mediator shall be in writing.

3 The order shall identify what issues are to be addressed at mediation.

4. The order shall identify the hourly rates of the appointed mediator for mediation and administrative charges.

5. The order shall provide that mediation sessions may be up to an aggregate of 3 hours in length unless extended by agreement of the parties and the mediator.

6. The order shall designate the percentage of the mediation fee to be paid by each party, and, if applicable, whether the fee shall be reduced or deemed pro bono. The Court may order that the designated payment of fees be subject to reallocation between the parties.

7. The order shall set a date by which the parties must contact the mediator not to exceed 7 days from the date of appointment.

8The order shall set a status date on completion of mediation that is within 45 days of the entry of the order.

9. The Court shall order one or both of the parties to notify the mediator of the appointment.

E. Mediator Duties

1 The mediator shall disclose to the parties and their counsel any possible conflict of interest, including but not limited to a current or previous therapeutic, economic, or personal relationship with either party, a family member of either party, counsel, or any known third-party involved in the case.

2. The mediator shall decline an appointment upon the disclosure of any possible conflict of interest unless both parties waive same.

3 If the mediator declines an appointment, the mediator shall immediately notify the Court in writing so that the Court may schedule a hearing and appoint a new mediator.

4. If at any time the mediator determines that an impediment to mediation exists, the mediator shall suspend mediation and immediately notify the Court in writing so that the Court may schedule a hearing to determine whether to terminate the mediation, order that it continue, or appoint a new mediator.

5. If one or both of the parties fails to attend mediation, the mediator shall and immediately notify the Court in writing so that the Court may schedule a hearing to determine what further action shall be taken.

6. A mediator who is a mental health professional shall not provide counseling or therapy to the parties or their children during or after the mediation appointment.

7. The mediator may not subsequently represent either party in the case.

8. The mediator shall promptly disclose information to an appropriate law enforcement agency to the extent that it appears necessary to prevent a party from committing an act that would result in death or serious harm.

9The mediator shall be barred from testifying at the trial in the matter in which the appointment was made as to any statement made by either party during a mediation session. The mediator's records and work product are not subject to subpoena in any matter absent leave of Court.

F. Mediation Procedure

1. The parties shall attend all mediation sessions and mediate in good faith.

2. The parties shall complete a confidentiality agreement, prepared by the mediator, prior to the start of mediation.

3. Each party is barred from testifying at the trial in the matter in which the appointment is made as to any statement made by a party during a mediation session.

4Mediation sessions may be up to an aggregate of 3 hours in length as determined by the mediator unless extended by agreement of the parties and the mediator.

5. Neither counsel nor children of the parties may attend the mediation sessions unless by agreement of the parties and the mediator.

G. Mediation Report

1. Within 10 days of the completion of mediation, the mediator shall file a report in the Court file indicating whether mediation was successful in whole or in part and identifying any issues that remain in dispute.

2. The mediation report shall be prepared on a form promulgated by the presiding judge of the Domestic Relations division.

3. The mediator may use the report form to provide a written report of a suspension of mediation on a ground outlined in this Rule.

H. Ongoing Discovery and Hearings

1. Only written discovery on issues not being mediated shall be allowed while mediation is pending, unless by agreement of the parties or otherwise ordered by the Court.

2. Absent a finding of good cause by the Court, no hearing may be held while mediation is pending on issues pertaining to those being mediated.

I. Fees

1 If a party fails to attend mediation without good cause, the Court may conduct a hearing and consider sanctions, including but not limited to costs and attorney fees.

2. The mediation fee and administrative charges fee as to each mediator shall be set by the Court at the time of appointment. Said fees for mediation shall be consistent with the current mediator list promulgated by the court.

3. Mediation fees shall not exceed 3 hours of mediation time and 1 hour of additional administrative charges. Mediation and administrative time may include, but is not limited to, time spent in sessions with the parties, telephone conferences, correspondence, consultation with counsel, consultation with experts, preparation of the mediation report, and other work performed by the mediator on behalf of the parties.

4. The parties shall pay for individual sessions at the time of each individual session unless otherwise directed by the mediator.

5. In the event the mediator has agreed to payment of fees after an individual session, and said fees are not paid in accordance with the terms of said payment, the mediator shall not suspend the mediation process but shall promptly report to the Court in writing that the fees are not paid.

Ill. R. Cir. Ct. Will Cnty. 8.14

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