Order Of Referral To Court Annexed Probate Mediation Form - Lake County, Illinois
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1
2IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
IN THE MATTER OF
)
)
_________________________________________
)
)
Deceased
Minor
)
Gen. No. ______________________
Disabled Person
)
ORDER OF REFERRAL TO COURT ANNEXED PROBATE MEDIATION
THIS CAUSE comes before the Court pursuant to the Probate Mediation Program Rules of the 19th Judicial
Circuit (14.28 et. seq.) for referral to mediation;
THE COURT HEREBY ORDERS:
1. All
The following parties are required to participate in mediation: ____________________________________
_____________________________________________________.The Probate Mediation rules (14.28) shall apply to
the mediation except as expressly stated otherwise in this order.
2. Mediator (if appointed by Court):
Name:
Address:
Telephone:
Fax:
3. Issue(s) to be Mediated (if applicable):
Initial Guardianship of Person
Other issues relating to the parties
Initial Guardianship of Estate
Modification of guardianship
Visitation schedule
Guardianship/Trust/Estate Accounting or Inventory
Removal of ________________________
Conflict of Interest
Income/Estate Tax dispute or issue(s)
Will or Trust Contest
Other Issues to be Mediated: _____________________________________________________________________
______________________________________________________________________________________________
a. The appearance of counsel who will try the case and each party or representatives of each party with full authority
to enter into a full and complete compromise and settlement is mandatory. All parties are urged to bring interested
individuals who might assist in facilitating settlement to the negotiation session. (For example, family members,
appraisers, accountants, creditors, and others whose approval is necessary or those whose interest may need to
be negotiated and compromised).
b. The Court may impose sanctions against parties who do not attend the conference or violate the terms of this
Order.
c. At least (7) days before the conference, each side shall present to the mediator a brief written summary of the
case containing a list of issues as to each party. If the attorney filing the summary wishes its contents to remain
confidential, she/he should advise the mediator in writing at the same time the summary is filed. The summary
shall include the facts of the dispute and alleged breaches of applicable duties, opinions of liability, all damage
information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be
disclosed to the mediator in the summary prior to the session.
d. All discussions, representations and statements made at the mediation conference shall be privileged consistent
with the Confidentiality Agreement to be signed on behalf of each party prior to the commencement of the first
mediation conference. The Confidentiality Agreement shall be made a part of the court record in the case.
e. Thereafter, the mediator shall be compensated by the parties as they agree or at the rate of $150.00 per hour if
the mediator is appointed by the Court.
Each party shall bear the cost proportionately.
The cost of the
mediator shall be paid by ______________________________________________________________________ .
Page 1 of 2
171-408 (Rev. 12/11)
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