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Order Of Referral To Court - Annexed Mediation Appendix DD - Illinois
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STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT COUNTY OF WINNEBAGO Plaintiff (s) vs. Defendant (s). ] ] ] ] ] ] ] ] ] ] ] ] 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. 5. This cause is set for status , 20_______ at_____ .M. JUDGE Dated: APPENDIX DD WHITE - ORIGINAL YELLOW - PLAINTIFF COPY PINK - DEFENDANT COPY GOLD - ADR CENTER 2002 © American LegalNet, Inc.