Rule 3-1.08 - Small Claims MediationA.Purpose. The bench and bar of the Nineteenth Judicial Circuit recognize the success of court-annexed alternate dispute programs and a particular need in the area of Small Claims and Law Magistrate cases, especially but not limited to matters where parties represent themselves. The Circuit Judges of the Nineteenth Judicial Circuit adopt these Rules to assist the litigants in Small Claims disputes and to maximize efficiency of court time in Small Claims system.B.Actions Eligible. This program is intended to assist in Small Claims and Law Magistrate cases in which any parties represent themselves at the initial return date. In addition, this service may be offered to any other Small Claims and Law Magistrate case which the Judge presiding feels might be appropriate or in which the parties agree to participate.C.Confidentiality. 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.D.Scheduling, Referral, Conduct, Termination and Report of Mediation Conference. Volunteer mediators will be scheduled by the Arbitration Administrator as available for Small Claims and Law Magistrate calls. In cases deemed appropriate for the mediation program, the Judge will send the parties to a designated area for immediate mediation, or schedule a mediation date. At this point, the volunteer mediators will conduct settlement discussions. The mediator shall at all times be in control of the mediation and the procedures to be followed in mediation. Counsel shall be permitted to communicate privately with their clients. The mediator may meet and consult privately with either party and his representative during the mediation process. Upon completion of the mediation session, the mediator shall immediately send the parties back to the courtroom and file with the Court a report in a form prescribed by the Chief Judge, as to whether or not an agreement was reached by the parties. The report shall be signed by the mediator and shall designate, "full agreement," "partial agreement," "no agreement", or a determination by the mediator that an agreement on voluntary terms is unlikely to be reached by prolonging the negotiations. A copy of the report must be given to the parties and to the Arbitration Center.E.Discovery. If and to the extent the Court has previously authorized Discovery, Discovery may proceed during the mediation process.F.Mediator Appointment, Training, Qualifications, Compensation. The approved list of Small Claims Mediators shall be maintained by the Arbitration Center. Mediators certified pursuant to the Nineteenth Judicial Circuit Rules for Civil, Family or Probate Mediators are qualified to serve as Small Claims Mediators and shall be automatically included on the approved list. To otherwise qualify for inclusion on the approved list of Small Claims Mediators, a volunteer must be a member of the Lake County Bar Association and must have completed basic training to act as a Small Claims Mediator. The training may be conducted by one of the mediators certified pursuant to the Nineteenth Judicial Circuit Rules for Civil, Family or Probate Mediators. When in the judgment of the trainer the candidate is qualified, he or she will present the name of the trainee to the Supervising Judge for Mediation for final approval. This program is offered as a service to the litigants. Small Claims Mediators are volunteers who shall not be compensated. G.Forms and Finalization of Agreement/Mechanism for Reporting. Mediation forms will include a "Confidentiality Agreement," a form "Agreement" to be filed in the event that a settlement agreement is reached and a form Court Order. The form Court Order will dismiss the case with prejudice, but allow the Court to retain jurisdiction for a period of time to enforce the settlement. The Clerk of the Circuit Court shall keep and maintain compiled statistics and records on all cases referred to mediation and shall file reports with the Administrative Office of the Illinois Courts, as directed by the Chief Judge.H.Absence of a Party and Sanctions. Parties are required to participate in good faith and must be present at all scheduled mediation sessions. 1. All parties, attorneys, representatives with settlement authority and other individuals necessary to facilitate settlement of the dispute shall be present at the mediation conference unless excused by Court Order. A party is deemed to appear at a mediation conference if the following persons are physically present:a. The party or its representative having full authority to settle without further consultation; and,b. The party's counsel of record if any.2. Upon Motion, the Court may impose appropriate sanctions against any party or attorney who fails to comply with this Rule.I.Statistics and Reporting. Commencing with formal adoption, approval and implementation of these Rules, the Office of the Clerk of the Circuit Court will note the occurrence and results of any mediation into the appropriate court record and disperse copies of referrals and orders to the Arbitration Administrator. The Arbitration Administrator will maintain statistics indicating the number of cases sent to mediation and the results of the mediation process. These statistics will be reviewed periodically by the Judge(s) presiding over Small Claims and Law Magistrate matters to determine the effectiveness of the program.J.Termination or Suspension of Program. The Chief Judge or the Supervising Judge for Mediation of Civil Cases may, at any time, suspend or discontinue this program should he or she feel it is no longer effective or necessary.Ill. R. Cir. Ct. Lake Cnty. 3-1.08
Amended effective 10/24/2016; amended effective 3/7/2022.