Year started: 2011
Neutrals: retired judges or members in good standing of the Illinois Bar Association, who concentrate substantial part of their practice on probate matters
Eligibility: all contested probate matters
Free Mediation Services Available?: No
Probate mediation in the 19th Circuit is governed by Local Rule 14.28, which went into effect in August 2011. Any contested probate matter is eligible for mediation, either by request of the parties or at the order of the judge hearing the case.
Once referred to mediation, parties have 14 days to select a mediator. The court may also appoint a mediator from the court's roster of certified mediators. To be certified, a mediator must be a retired judge or a member in good standing of the Illinois Bar Association. Mediators must complete a 40-hour mediation training program approved by the court, maintain an office in Lake County and concentrate a substantial part of their practice on probate matters. To maintain certification, mediators must attend 10 hours of continuing education every two years on topics related to probate. Mediators are also required to mediate two low-income cases at a reduced fee each year.
According to the rule, the mediator must schedule mediation within 28 days of being appointed to the case. Each party submits a brief summary of the case to the mediator seven days before the mediation. All parties, attorneys and any other representatives necessary to facilitate settlement are required to attend mediation unless otherwise excused by the court. There may be more than one mediation session if necessary to resolve the case. Unless parties agree otherwise, all written and oral communications made during mediation are exempt from discovery and confidential.
Following mediation, the mediator must submit a report to the court indicating whether the parties reached an agreement and, if so, whether it was a full or partial agreement.
As of August 2012, the program had seven certified mediators on its roster. No cases had yet been referred to mediation.
19th Judicial Circuit Court of Illinois. Jan. 1, 2019
Resource Type: Rules - Court
Abstract: These are the local rules for the Illinois' 19th Judicial Circuit serving Lake County.
3-1.08: Small Claims Mediation Program: Cover's the Circuit's small claims mediation program. The rules cover confidentiality, scheduling, mediator appointment, a...Illinois Supreme Court. Article I - Illinois Supreme Court General Rules, Oct. 10, 2001
Resource Type: Rules - Court
Abstract: This rule authorizes judicial circuits to undertake mediation programs. Circuits electing to establish mediation program are directed to adopt rules for the conduct of mediation proceedings and to submit them to the Supreme Court. The Rule specifies ...
Delta HawkinsArbitration Adminstrator
Nineteenth Judicial Circuit
415 W. Washington
Waukegan, IL 60085