Except as hereinafter provided, the judge to whom a matter is assigned may order any contested civil matter asserting a claim having a value, irrespective of defenses or set-offs, in excess of $50,000, or a contested civil matter filed as a chancery, miscellaneous remedy or probate case referred to mediation. In addition, the parties to any such matter may file a written stipulation to mediate any issue between them at any time. Such stipulation shall be incorporated into the Order of Referral.

Except as otherwise set forth in (I) (A) above, matters as may be specified by administrative order of the chief judge of the circuit shall not be referred to mediation except upon petition of all parties.

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, 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 settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

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

Winnebago County mediations will be held at the ADR Center (arbitration center), Stewart Square, Suite #25, 308 West State Street, Rockford, Illinois 61101.

Boone County mediations will be held at the Boone County Courthouse, 601 North Main Street, Belvidere, Illinois 61008.

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 Local Rules of the 17th Judicial Circuit;
2. The issue presents a question of law only;
3. The order violates Sec. I (B) of this local rule or
4. Other good cause is shown.

Within 14 days of the Order of Referral, any party may file a motion with the court to defer the proceeding. The movant shall set the motion to defer for hearing 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 disposition of the motion.

1. Within 14 days of the Order of Referral, the parties may agree upon a stipulation with the court designating:

1. A certified mediator; or
2. A mediator who does not meet the certification requirements of these rules but who, in the opinion of the parties and upon review by and approval of the presiding judge, is otherwise qualified by training or experience to mediate all or some of the issues in the particular case.

2. If the parties cannot agree upon a mediator within 14 days of the Order of Referral, the plaintiff's attorney (or another attorney agreed upon by all attorneys) shall so notify the court within 7 days of the expiration of the period to agree on a mediator, and the court shall appoint a certified mediator selected by rotation or by such other procedures as may be adopted by administrative order of the chief judge in the circuit in which the action is pending.
3. Unless fully disclosed and waived by the parties, a mediator must not have an interest in the outcome of the litigation, must not be retained or employed by any of the parties or attorneys involved in the litigation, or be related to any of the parties or attorneys in the litigation.

The mediator shall be compensated by the parties at the rate of $125 per hour unless otherwise agreed in writing. Each party shall pay a proportionate share of the total charges of the mediator.

Any party may move to enter an order disqualifying a mediator for good cause. If the court rules that the mediator is disqualified from hearing a case, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment. The time for mediation shall be tolled during any periods in which a motion to disqualify is pending.

A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending absent a contrary order of the court or a decision of the mediator to adjourn pending disposition of the motion.

If a party fails to appear at a duly noticed mediation conference without good cause, the court upon motion may impose sanctions, including an award of mediator and attorney fees and other costs, against the party failing to appear. If a party to mediation is a public entity that party shall be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement of the appropriate decision-making body or the entity. Otherwise, unless stipulated by the parties, or by order of the court, a party is deemed to appear at a mediation conference if the following persons are physically present:

1. The party or its representative having full authority to settle without further consultation; and
2. The party's counsel of record, if any; and
3. A representative of the insurance carrier for any insured party who is not such carrier's outside counsel and who has full authority to negotiate and recommend settlements to the limits of the policy or the most recent demand, whichever is lower without further consultation.

The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference notwithstanding Sec. (I) of this local rule. No further notification is required for parties present at the adjourned conference.

The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. Counsel shall be permitted to communicate privately with their clients.

The mediator may meet and consult privately with either party and his/her representative during the mediation session.

Mediation shall be completed within seven (7) weeks of the first mediation conference unless extended by order of the court or by stipulation of the parties.

If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation.

If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, at the conclusion of the mediation. Counsel, or if no counsel the parties, shall be responsible for notifying the court than an agreement was reached and be responsible for terminating the case.

In the event of any breach or failure to perform under the agreement, the court upon motion may impose sanctions, including costs, attorney fees, or other appropriate remedies including entry of judgment on the agreement.

Discovery may continue throughout mediation.

All oral or written communications in a mediation conference, other than executed settlement agreements, shall be exempt from discovery and shall be confidential and inadmissible as evidence in the underlying cause of action unless all parties agree otherwise. Evidence with respect to alleged settlement agreements shall be admissible in proceedings to enforce the settlement. Subject to the foregoing, unless authorized by the parties, the mediator may not disclose any information obtained during the mediation process.

The following forms shall be used in conjunction with court-annexed mediation and shall be in substatnially the same form as those attached as Appendices DD, EE, FF and GG of these Rules:

1. Order of Referral to Court-Annexed Mediation (Appendix DD)
2. Confidentiality Agreement and Nonrepresentation Acknowledgment (Appendix EE)
3. Mediation Held/No Agreement Resulted (Appendix FF)
4. Memorandum of Agreement (Appendix GG)

The trial court administrator or his or her designee shall provide for the maintenance of records of mediations conducted pursuant to these rules including the number of mediations conducted, the number of mediations resulting in full or partial agreements and those resulting in no agreement. Such information shall be furnished to the Supreme Court through its administrative office quarterly or at such other interval as may be directed, but in no event less than once a year.

The chief judge shall maintain a list of mediators who have been certified by the circuit court and who have registered for appointment.

Effective January 1, 2004, for certification in major civil cases, an applicant must:

1. Complete a minimum of 30 hours mediation training, in a program approved by the circuit court, during the one (1) year period prior to application or re-application for certification as a mediator under these rules.
2. Observe two circuit court mediations conducted by two different certified circuit court mediators within a one (1) year period prior to application or re-application for certification as a mediator under these rules.
3. Be a retired judge or be a member in good standing of the Illinois Bar, with at least seven (7) years of practice in Illinois unless otherwise prescribed by the Illinois Supreme Court, and be actively practicing in the State of Illinois for twelve consecutive months immediately preceding application or re-application for certification as a mediator under these rules.
4. Submit to the office of the chief judge or designee a completed application in a form prescribed by the circuit court, which may include information including educational background, areas of practice, and years of practice, etc. By making an application to become certified under these rules, the applicant shall be deemed to have consented to disclosure of the information submitted in connection with his or her application; as well as the nature of cases mediated, number of cases mediated and number of cases settled, and other pertinent information regarding the applicant's qualifications to attorneys or parties involved in litigation to be mediated as well as any other persons to whom disclosure is deemed appropriate by the circuit court.

Mediators certified by the circuit court prior to January 1, 2004, shall be considered certified under these rules.

In each case, the mediator shall comply with this local rule regarding mediation and such other general standards as may, from time to time, be established and promulgated in writing by the chief judge of the 17th Judicial Circuit.

The chief judge of the circuit court may decertify a mediator previously certified under these rules for any of the following reasons:

1. Revocation or suspension of mediator's license to practice law in the State of Illinois;
2. Failure or refusal of the mediator to comply with this local rule governing mediation or any general standards issued by the circuit court regarding mediation;
3. Other unprofessional conduct by the mediator that interferes with the ability of the circuit court to provide appropriate mediation services; or
4. The request of the mediator to be decertified.