Motion for Order of Referral to Family Mediation

Family Mediation

Summary of Mediation Process

INTRODUCTION: Pursuant to Illinois Supreme Courtroom Rule 905, the Second Judicial Circuit Family Arbitration Plan (Rule 21) was enacted in 2007.  In conjunction with Circuit Rule nineteen (Pre-Trial Conferences in Family Cases), the Plan includes both a private and judicial mediation component with applicable forms bachelor online and at each Circuit Clerk'south offices.

one. SCOPE : All new Dissolution of Marriage cases and all other cases with contested qualifying bug (custody/visitation, admission to and/or removal of children) in temporary, initial and mail-judgment proceedings shall be fix as follows: Temporary Relief matters with qualifying problems shall be set for an Expedited Instance Direction Conference within 14 days, unless the pleading recites sworn facts showing a present or threatened serious endangerment to the physical or emotional health of the kid (ren) in which case the temporary relief matter shall exist set for hearing in accordance with existing rules.

All other cases having qualifying problems shall exist prepare for an Initial Case Management Briefing inside ninety-110 days.

All of the foregoing instance direction briefing settings shall be inscribed on whatsoever summons, Notice of Expedited Case Management Conference or Observe of Initial Case Management Conference issued by the clerk.

2. Case Direction CONFERENCES : In all cases without disputed qualifying issues, the setting shall be conducted as a scheduling conference.

At least 7 days before whatever case direction conference in cases having unresolved qualifying bug, the parties shall file fiscal affidavits, pre-mediation questionnaires and, except prior to an Expedited Instance Management Conference, certificates verifying completion of an canonical parenting instruction programme, unless after completion is approved past the trial court.

At the case management conference, the trial court shall verify that the mandatory prerequisites take been met or go on the matter to a brusk date to ensure compliance. If all prerequisites have been met and no impediment or disqualifying circumstance which could impede mediation is establish, the trial courtroom shall enter a Mediation Lodge, or alternatively if a temporary relief matter, the case may ready for hearing.

3. REFERRAL TO MEDIATION : A Mediation Gild may exist entered at any fourth dimension if all prerequisites have been met.

If at whatsoever case management conference settlement on a qualifying outcome appears imminent, the Mediation Order may defer the date of a mediator and provide the conference exist connected to a short date. Where referral is made, the court shall determine whether the cause is an indigent instance and, if not, appoint an agreed Private Mediator from the circuit approved list, or absent understanding, the court shall select the mediator. If the cause is found to be an indigent example, referral may but be made to individual mediation if the parties jointly concur to pay for it or if information technology is determined that the selected mediator volition conduct the arbitration on apro bono or reduced fee footing. In all other indigent cases, the trial judge shall contact the Chief Estimate'south function and asking the assignment of a Judicial Mediator.

Upon the entry of a Mediation Order, the clerk shall mail service or fax a copy of the order to the appointed mediator together with copies of the case record sheets, disputed pleadings, fiscal affidavits and pre-arbitration questionnaires. Every Mediation Order shall recite a 45 day Continued Instance Management Briefing at which setting the parties and the mediator shall report the status of the ordered arbitration.

After receipt of the Mediation Order and forwarded case documents, the mediator shall determine whether whatever conflict or impediment to arbitration exists which would crave disqualification or recusal and, if found, immediately notify the trial courtroom, parties and their counsel. If no disharmonize or impediment exists, the mediator shall promptly schedule the arbitration such that, whenever possible, it will occur before the 45 mean solar day Continued Case Management Conference engagement.

iv.

POST-Mediation Process : Promptly upon the conclusion of mediation where no understanding has been reached, including a judicial mediation case wherein an agreement was not plant to be in the best interest of any child (ren), the mediator shall file with the clerk a written report that the thing concluded unsuccessfully.

In all other cases involving a Private Mediator wherein agreement or partial agreement was reached, the mediator shall provide a specific written account of the agreement to the parties and their counsel, but only report the item qualifying bug on which agreement was reached to the trial court.

In all other cases involving a Judicial Mediator wherein understanding or partial agreement was reached and found to be in the all-time involvement of any child (ren) as to any qualifying upshot and non unconscionable as to other issues, a Provisional Order shall exist entered by the Judicial Mediator. Such lodge shall not be constructive until co-entry by the trial court at the Continued Case Management Conference, but shall exist irrevocable by the parties pending action by the trial judge unless vacated past the Judicial Mediator upon appropriate motion by a mediating political party prior to presentment to the courtroom.

At the mail-mediation Continued Case Management Briefing, mediation agreements or results shall exist presented to the trial approximate. The courtroom shall examine the parties and any agreement, determine whether its provisions are reverse to the best involvement of the child (ren) or is otherwise unconscionable, and unless rejected, enter an appropriate judgment or order approving the agreement, including the co-entry of a Provisional Order.

In cases where no agreement has been reached, the trial gauge shall conclude the conference and set the matter for further proceedings in accord with the rules.

Listing of approved Judicial Mediators

Listing of approved Not-Judicial Mediators

List of approved GAL's

Application for Certification as Approved Not-Judicial Mediator

Click Here to Download Mediation Forms

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Source: http://www.illinoissecondcircuit.info/family-mediation

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