The Illinois Order of Referral To Private Mediation (RPM) is an agreement between two parties to mediate a dispute with a neutral third party. It is a voluntary and confidential process in which the parties attempt to resolve their dispute through the help of a neutral mediator. RPM is typically used for civil court cases in the State of Illinois, including family, real estate, and contract disputes. RPM is available in two types: a standing order of referral and a private order of referral. A standing order of referral is issued automatically when a case is filed with the court, and it applies to all civil cases in the court. A private order of referral is an agreement between two parties that is filed with the court in order to voluntarily refer their dispute to mediation. This order must be signed by both parties, and it is typically used in cases where a standing order of referral has not been issued. The RPM process typically begins when the parties or their attorneys submit a completed Private Order of Referral to the court. The court then approves the order and assigns a neutral mediator to the case. The mediator will then contact the parties to set up a time and place for the mediation session. During the session, the mediator will help the parties reach an agreement. If no agreement is reached, the parties may return to court.
Illinois Order of Referral To Private Mediation
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FAQ
Mediation is an informal and flexible dispute resolution process. The mediator's role is to guide the parties toward their own resolution. Through joint sessions and separate caucuses with parties, the mediator helps both sides define the issues clearly, understand each other's position and move closer to resolution.
All of the circuit courts in Illinois have mandatory mediation programs for cases involving child custody or visitation issues. However, parties can be excused from mediation if the court determines that an impediment to mediation exists, such as domestic violence.
As a general matter, divorce mediation is not required in Illinois. If you and your spouse can come to terms independently, you are free to do so.
If you decline the invitation to mediation and the case goes to court, the judge or magistrates are quite likely to ask you why you did not attend mediation. If you do not have a good reason for declining, it could reflect badly on you at court.
Mediation may be ordered by the court or may be initiated voluntarily by the parties at any stage of their case, even before filing for divorce. The results of mediation are a recommendation for settlement not a binding final decision. If both parties agree to the decision, it can become binding and final.
The Mandatory Mediation Plan is designed to provide quicker, less expensive, and potentially more satisfying alternatives to continuing litigation, without impairing the quality of justice or the right to trial.
The mediator will usually want to see each of you on your own before any joint mediation sessions can take place. If you don't respond or decline mediation without a good reason, you will usually have to explain why you declined mediation to the judge, if your case subsequently goes to court.
Mediation for domestic relations cases in Cook County, Illinois is governed by Cook County Circuit Court Rule 13.4(e). Mediation is a non-binding confidential process by which a neutral third person assists the parties in reaching a mutually acceptable agreement.