Illinois Court ADR Sourcebook

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Overview

The Illinois Court ADR Sourcebook is a comprehensive reference for information on court ADR in the state and federal courts of Illinois. Because of the number and variety of resources, they have been organized in several ways to make them more readily accessible.

Note: Court ADR efforts are dynamic. While RSI works to maintain all resources in a timely manner, visitors may want to seek the original source material. Updates or suggestions of additional information on court ADR programs in Illinois are welcome. To provide information, contact RSI. To find resources related to states outside Illinois, search the Research Library.

Summary of ADR in Illinois

Various factors relate to the state of court ADR in Illinois. They include where the authority comes from for court ADR, whether there is a state office of court ADR, what kind of presence court ADR maintains on the Internet, how to describe the leadership for court ADR in the state, court ADR services in the state, the environment in which court ADR functions, the funding sources that support court ADR, and anything unusual about court ADR in the state.

Authority for Court ADR

The federal courts function primarily under the Alternative Dispute Resolution Act of 1998 in establishing ADR efforts. The predominant approach to ADR in the three District Courts in Illinois has been for magistrate judges to conduct settlement conferences. There have, however, been several other approaches attempted, some by local rule and some that started by order of particular judges. These have met with limited success.

There is no comprehensive statewide statute for all ADR programs or for neutral certification in the state; however, there are statutes and Illinois Supreme Court Rules that typically make ADR processes optional for counties or judicial circuits that choose to address particular case types. Those programs are then usually implemented through the adoption of local rules that are approved by the Illinois Supreme Court. Mediators in those approved programs have immunity to the same extent as judges. The one program that is comprehensive throughout the state is mediation for contested custody and visitation matters.

Court ADR Office and Web Presence

In Illinois, there is currently no stand-alone court ADR office with a dedicated staff or budget in either the state or federal court systems. The Administrative Office of the Illinois Courts provides staff support to ADR coordinating committees. Court rules and forms for ADR programs are available on court websites. The unique site, of course, is this one, www.CourtADR.org.

Leadership

In Illinois, court ADR programs have developed as a result of leadership from local courts and bar associations. These efforts have been supported by judges and former judges across the state.

Synopsis of Services

• Mediation of all custody and visitation cases as mandated statewide.
• Nonbinding arbitration programs for civil cases up to $50,000.
• Voluntary mediation programs for major civil litigation.
• Juvenile conflict resolution programs including family group conferencing.
• Small claims and housing mediation programs.

• Arbitration panels of three lawyers funded by the state.
• Mediators from legal, therapy, and volunteer backgrounds.
• Judicial mediation in certain cases.
• Volunteer mediation programs (e.g., Cook County).
• Law school mediation clinics.
• Lawyers forming mediation rosters.

• Illinois Equal Justice Foundation funding.
• Statewide Mediation Access Project support.
• Free mediation services in many programs.

The Environment for ADR

The Uniform Mediation Act (710 ILCS 35) provides confidentiality protections for mediation communications. However, there is no statewide certification or ethical standard system. Local courts determine mediator approval and standards.

Funding Sources for Court ADR

• Illinois Not-for-Profit Dispute Resolution Center Act
• Reviewing Court ADR Act
• Mandatory Arbitration System
• Illinois Equal Justice Act

Non-profit mediation programs also rely on grants, donations, and training fees.

Other

Illinois has a unique feature: the Resolution Systems Institute (RSI), a non-profit organization dedicated to helping courts improve ADR systems, develop mediation programs, and monitor performance.