INTRODUCTION: Second Circuit Rule 23, effective November 7, 2013, provides for mediation for certain types of civil cases. Mediation may occur by agreement of the parties or at the discretion of the presiding judge. The mediation is informal and non-adversarial and the role of the mediator is to assist the litigants in reaching a settlement of some or all of the contested issues. Parties and their counsel are requried to mediate in good faith.
1. SCOPE: Court-ordered mediation is available for Law, LM, Probate, Chancery, Miscellaneous Remedy, Tax, and Eminent Domain cases.
2. CHOICE OF MEDIATOR: When a civil case is assigned for mediation, the parties have 7 days to agree upon a mediator. If the parties are unable to agree, they then have 7 days to nominate 3 proposed mediators to the referring judge. The referring judge will select a mediator certified by the Second Circuit or another qualified individual.
3. TIME FOR MEDIATION: Mediation is to be completed within 60 days, except for good cause shown.
4. COST OF MEDIATION: Payment of reasonable fees for the mediator will be made by agreement of the parties or by court discretion.
5. CERTIFICATION OF MEDIATORS: Civil mediators must either be a) retired Illinois judge or b) attorneys in good standing who have 1) completed a mediation training program approved by the Chief Judge of the Second Circuit and 2) filed an application with the office of the Chief Judge certifying he or she is licensed to practice in Illinois, is in good standing, and has engaged in civil litigation for not less than 10 years or has 10 years of experience as a law professor.