The Illinois Stipulation for Appointment of Mediator is a legally binding agreement that is used in order to appoint a neutral third-party mediator to assist the parties in resolving their legal dispute out of court. This agreement is used when both parties agree to mediate their dispute instead of going through the traditional court system. It outlines the parties’ agreement to enter into mediation, the qualifications of the mediator, the terms of the mediation, and the process for selecting the mediator. There are two types of Illinois Stipulation for Appointment of Mediator: voluntary and mandatory. A voluntary stipulation is one that is entered into by both parties, and it is usually done with the guidance of attorneys. A mandatory stipulation is one that is ordered by a court or tribunal. Both types of stipulations may be used to appoint a mediator and resolve a legal dispute.
Illinois Stipulation For appointment of Mediator
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FAQ
Don't raise your voice or say swear words during the process. Instead, work on regulating your own emotions. It's okay to express your emotions constructively, but too much anger during mediation can certainly get you in trouble.
I'm (Mediator's Name) and this is (Mediator's Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.
An impediment may include, but is not limited to: domestic violence or intimidation; substance abuse; child abuse; mental health; a cognitive impairment; or any other circumstance that prevents a party from negotiating safely, competently, and in good faith.
If the parties leave a mediation in a worse position than when they arrived, that would be a failure. If the mediation process is not structured so as to allow people to get the information that they need to make an informed decision about whether to settle, that would be a failure.
One or both parties are not willing to mediate/ negotiate. The dispute may be incapable of being negotiated. There may be extreme conflict and an imbalance of power between the parties which the mediator cannot redress. Where one or both parties feel coerced to attend.
Each mediator is appointed jointly by the parties (Mediation Rule 13(1)). Should the parties not be able to agree on whether to appoint one or two co-mediators within 30 days from the date of registration, the rules stipulate that there will be one mediator who is appointed by party agreement (Mediation Rule 13(2)).
Closing Statement Once parties agree on the terms of the settlement, the mediator orally confirms the terms and after that, the agreement is reduced to writing. The agreement should be signed by the parties and their counsel.
(1) The mediator shall be impartial and independent of the parties. (2) The parties may agree that the mediator shall have specific qualifications or expertise. (1) There shall be one mediator or two co-mediators. Each mediator shall be appointed by agreement of the parties.