State of Illinois
92nd General Assembly

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 1        AN ACT concerning dispute resolution.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section   5.    The   Illinois   Not-For-Profit   Dispute
 5    Resolution Center Act is amended by changing Sections 2 and 5
 6    as follows:

 7        (710 ILCS 20/2) (from Ch. 37, par. 852)
 8        Sec. 2.  As used in this Act:
 9        (a)  "Dispute resolution center" means  a  not-for-profit
10    organization  which  is  exempt  from  the payment of federal
11    income tax pursuant to  Section  501(c)(3)  of  the  Internal
12    Revenue  Code  and  which  is  organized to provide mediation
13    services, including but not  limited  to  mediation  services
14    provided  at  no  charge to disputants in connection with who
15    agree to utilize its services.  Disputes handled by a dispute
16    resolution center shall  include,  but  not  be  limited  to,
17    disputes referred from the court system.
18        (b)  "Mediation"  means  a  voluntary process in which an
19    impartial mediator actively assists disputants in identifying
20    and  clarifying  issues  of  concern  and  in  designing  and
21    agreeing to solutions for those issues.
22        (c)  "Mediator" means a person who has received at  least
23    30  hours  of training in the areas of negotiation, nonverbal
24    communication, agreement writing, neutrality and ethics.
25    (Source: P.A. 85-756.)

26        (710 ILCS 20/5) (from Ch. 37, par. 855)
27        Sec. 5.  (a) Subject to the supervisory authority of  the
28    Supreme  Court,  the  Chief Judge of each judicial circuit in
29    which a dispute resolution fund has  been  established  shall
30    make  rules  pertaining  to the operation and standards to be

                            -2-                LRB9212599RCmg
 1    adhered to by dispute resolution  centers  in  that  judicial
 2    circuit  in  order  to qualify for funding.  Such rules shall
 3    provide for the following in  connection  with  mediation  of
 4    disputes referred from the court system:
 5        (1)  Each  dispute resolution center applying for funding
 6    shall report the number of cases which have been successfully
 7    resolved in each of the 3 preceding years.
 8        (2)  All  mediators  shall   be   trained   in   conflict
 9    resolution  techniques  for  at  least  30  hours  and  shall
10    participate  in  an  ongoing  peer  review program. Mediators
11    shall perform their  duties  as  volunteers,  and  shall  not
12    receive any compensation for their services.
13        (3)  Mediation  shall  be  scheduled  within  30  days of
14    commencement of a case  unless  good  cause  exists  for  not
15    scheduling mediation.
16        (4)  Each  dispute  resolution  center  receiving funding
17    under  this  Act  shall  maintain  records  which  shall   be
18    available  for inspection by the office of the Chief Judge of
19    the  circuit  and  which  shall  demonstrate   adherence   to
20    applicable requirements.
21        (5)  Prior  to  mediation, disputants shall be advised of
22    the objectives of mediation, the function  of  the  mediator,
23    and the role of the disputants in the mediation process.
24        (6)  A  dispute  shall  be  considered to be successfully
25    resolved when  a  written  agreement  which  sets  forth  the
26    obligations  and responsibilities of the disputants is signed
27    by the disputants.
28        (b)  Subject to the supervisory authority of the  Supreme
29    Court,  the  Chief  Judge of each judicial circuit in which a
30    dispute resolution fund has been established shall make rules
31    concerning the types of cases which the judges of the circuit
32    may refer to a qualified dispute resolution center,  and  may
33    make  any  other rules necessary for the operation of the Act
34    in that judicial circuit.
                            -3-                LRB9212599RCmg
 1    (Source: P.A. 85-756.)

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