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Order Of Referral To Court - Annexed Mediation Form. This is a Illinois form and can be use in Winnebago Local County.
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Tags: Order Of Referral To Court - Annexed Mediation, Appendix DD, Illinois Local County, Winnebago
STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
COUNTY OF WINNEBAGO
Plaintiff (s)
vs.
Defendant (s).
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No.
ORDER OF REFERRAL TO
COURT-ANNEXED MEDIATION
THIS CAUSE came before the Court pursuant to Local Rule 2.08 of the 17th Judicial Circuit for
referral to mediation.
THE COURT HEREBY ORDERS:
1. All parties are required to participate in mediation.
a. The appearance of counsel who will try the case and each party or representatives of each
party with full authority to enter into a full and complete compromise and settlement is
mandatory. If insurance is involved, an adjustor with authority to negotiate and
recommend settlements shall attend. All parties are urged to bring interested individuals
who might assist in facilitating settlement to the negotiation session, (for example
lienholders, governmental officials and others whose approval is necessary or those
whose interest may need to be negotiated and compromised).
b. The Court may impose sanctions against parties who do not attend the conference or
violate the terms of this Order.
c. At least ten (10) days before the conference, each side shall present to 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.
APPENDIX DD
WHITE - ORIGINAL
YELLOW - PLAINTIFF COPY
PINK - DEFENDANT COPY
GOLD - ADR CENTER
2002 © American LegalNet, Inc.
APPENDIX DD – Page 2
d. All discussions, representations, and statements made at the mediation conference shall
be privileged consistent with the Confidentiality Agreement to be signed on behalf of
each party prior to the commencement of the first mediation conference. The
Confidentiality Agreement shall be made a part of the court record in the case.
e. The mediator shall be compensated by the parties at the rate of $125 per hour unless
otherwise agreed in writing, and each party shall bear the cost proportionately.
f.
The mediator has no power to compel or enforce settlement agreements and does not give
legal advice. If a settlement is reached in this case, the attorneys shall reduce the
agreement to writing at the conclusion of the mediation.
2. The plaintiff's attorney (or another attorney agreed upon by all attorneys) shall be responsible
for obtaining a mediator and scheduling the mediation conference within 14 days of this
Order of Referral. The parties shall attempt to agree upon a mediator. A date and time for
mediation convenient to all shall be obtained from the mediator.
3. If the parties cannot agree on a mediator within 14 days of the Order of Referral, the
responsible attorney shall notify the Court within seven days of the expiration of the 14-day
period, and the Court shall appoint a certified mediator selected by rotation.
4. Mediation shall be completed within seven weeks of the first mediation conference unless
extended by order of the Court or by stipulation of the parties.
, 20_______ at_____ .M.
5. This cause is set for status
JUDGE
Dated:
APPENDIX DD
WHITE - ORIGINAL
YELLOW - PLAINTIFF COPY
PINK - DEFENDANT COPY
GOLD - ADR CENTER
2002 © American LegalNet, Inc.