Free CCCH 0130 2-16-07.pmd - Illinois

Chancery Division Mediation Referral Order (Form 2) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION

(2/16/07) CCCH 0130 A

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Plaintiff(s) v.

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Defendant(s)

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No. ________________________________

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Judge Judge's No.

CHANCERY DIVISION MEDIATION REFERRAL ORDER
(To be completed and filed with the Court, with a courtesy copy delivered to the Chancery Division Court-Annexed Mediation Supervisor, pursuant to Illinois Supreme Court Rule 99 as a mechanism for reporting to the Supreme Court on the mediation program.) THIS CAUSE coming before the Court pursuant to Cook County Circuit Court Rule 21 for Chancery Division Court-Annexed Mediation, the Court finds that this cause is eligible for mediation, and IT IS ORDERED: A. The following mediator is appointed to serve in this matter:

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By stipulation of all parties; By appointment of the Court: OR The parties shall designate a mediator within twenty-one (21) days. If the parties are unable to agree upon a mediator, counsel shall promptly so notify the Court and the Court shall appoint a mediator pursuant to Local Rule 21.03(A)(2). or an attorney agreed upon by all parties shall obtain a date and time for mediation

B. C.

The parties Plaintiff convenient to all.

All parties shall participate in mediation, unless otherwise ordered by the Court. 1. Trial counsel shall appear at the mediation session, as well as each party or its representative with full authority to enter into a complete compromise and settlement. If insurance is involved, an adjuster with authority to negotiate and recommend settlements may attend. If a party is a public entity, that party shall be deemed to appear at a mediation session by the physical presence of: (a) a representative of the party with full authority to negotiate on behalf of the party and to recommend settlement to the appropriate decision-making body; and (b) the party's counsel of record. 2. The Court may impose sanctions against any party who fails to attend mediation or who violates the terms of this Order. 3. Not less than ten (10) days prior to the mediation session, each party shall present the mediator with a brief written summary of the case containing a list of all pending and resolved claims and all issues to be addressed in mediation, unless the mediator has requested a different procedure. Any party who wishes all or part of its summary contents to remain confidential shall inform the mediator, in writing, at the time the summary is tendered and shall clearly mark which portions are confidential. The summary shall include the following information: (i) (ii) (iii) (iv) (v) The names of all mediation participants; The facts of the occurrence; Opinions on liability; All damage and injury information; and Any offers or demands of settlement.

(OVER)

Chancery Division Mediation Order (Form 2)

(2/16/06) CCCH 0130 B

4. All discussions, representations and statements made at the mediation session shall be privileged, consistent with a Confidentiality Agreement, to be signed on behalf of each party prior to commencement of the first mediation session. The Confidentiality Agreement shall be made a part of the case court records. 5. The mediator has no power to compel or enforce settlement agreements and shall not give legal advice. The parties shall reduce any settlement agreements to writing at the conclusion of the mediation session, which shall be signed by all parties and/or their attorneys. D.
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This matter is set for status on ____________________________, __________ at ______________ a.m./p.m. for choosing a mediator. The parties need not appear on the above date if the parties have filed a stipulation agreeing to a mediator prior to the status hearing, with courtesy copies having been delivered to the referring Judge and to the Chancery Division Court-Annexed Mediation Supervisor at the Mandatory Arbitration Center at 222 N. LaSalle St., Chicago, Illinois 60601. Mediation shall be completed within seven (7) weeks of the first mediation session unless extended by order of the Court or by stipulation of the parties. If an agreement is reached, it shall be reduced to writing and signed by each of the parties. Following execution of the written settlement agreement by all parties, the parties shall file with the Court, Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report). If the parties have reached no agreement and the mediator concludes that further mediation would not be likely to result in agreement, the mediator shall complete and sign Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report), provide a copy of same to each party, and file the same with the Court. (SELECT ONE) The parties shall continue discovery while conducting mediation. Discovery related to _______________________________________________ shall be stayed until the Post-Mediation Status Hearing set forth below.

E.

F.

G.

This cause is set for Post-Mediation status on ____________________________, _________, at ____________ a.m./p.m.before Judge _____________________________________ or any Judge sitting in his/her stead in Courtor room _________ in the Richard J. Daley Center, Chicago, Illinois 60602. 4619 in the Richard J. Daley Center, Chicago, Illinois 60602.
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H.
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The previously set status date of ____________________________, _________ is hereby stricken. MISCELLANEOUS ORDERS: ______________________________________________________________

I.

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ENTERED: Dated: ____________________________, _________

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Judge Judge's No.

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS