2023 Illinois Compiled Statutes › Chapter 710 - ALTERNATIVE DISPUTE RESOLUTION › 710 ILCS 20/ - Illinois Not-For-Profit Dispute Resolution Center Act.

(710 ILCS 20/1) (from Ch. 37, par. 851)
Sec. 1. 
		
		The General Assembly finds that the resolution of certain disputes can
be costly and time-consuming in the context of a formal judicial
proceeding; and that mediation of disputes has a great potential for
efficiently reducing the volume of matters which burden the court system in
this State; and that unresolved disputes which individually may be of small
social or economic magnitude are collectively of enormous social and
economic consequence; and that many seemingly minor conflicts between
individuals may escalate into major social problems unless resolved early
in an atmosphere in which the disputants can discuss their differences
through an informal yet structured process; and that there is a compelling
need in a complex society for dispute resolution centers in which people
can participate in creating lasting resolutions to ongoing conflicts; and
that not-for-profit dispute resolution centers can make a substantial
contribution to the operation and maintenance of the courts of this State
by keeping some matters from litigation and by providing a mechanism for
resolving certain pending matters.
(Source: P.A. 85-756.)
(710 ILCS 20/1.1) (from Ch. 37, par. 851.1)
Sec. 1.1. 
		
		This Act shall be known and may be cited as the Illinois Not-For-Profit Dispute Resolution Center Act.
(Source: P.A. 85-756.)
(710 ILCS 20/2) (from Ch. 37, par. 852)
Sec. 2. 
		As used in this Act:
(a) "Dispute resolution center" means a not-for-profit organization which
is exempt from the payment of federal income tax pursuant to Section 501(c)(3)
of the Internal Revenue Code and which is organized to provide mediation
services, including but not limited to mediation services provided at no
charge to disputants in connection with disputes referred from the court
system.
(b) "Mediation" means a voluntary process in which an impartial mediator
actively assists disputants in identifying and clarifying issues of concern
and in designing and agreeing to solutions for those issues.
(c) "Mediator" means a person who has received at least 30 hours of training
in the areas of negotiation, nonverbal communication, agreement writing,
neutrality and ethics.
(Source: P.A. 93-240, eff. 1-1-04.)
(710 ILCS 20/3) (from Ch. 37, par. 853)
Sec. 3. 
(a) In judicial circuits which include a county with a population
of over 2,000,000 inhabitants, a dispute resolution fund shall be established.
(b) In any other judicial circuit a dispute resolution fund shall be established
upon a finding by the Chief Judge of the circuit that:
(1) a dispute resolution center would significantly     enhance the administration of justice in that circuit; and
(2) a dispute resolution center exists or should be     created in the judicial circuit.
(c) In each judicial circuit in which a dispute resolution fund is
established,
the clerks of the circuit court shall charge and collect a dispute resolution
fund fee of $2, such fee to be paid by the party initiating the action at
the time of filing the first
pleading in all civil cases.
Such fees shall not be charged in any proceeding commenced by or on behalf
of a unit of local government.
Such fees shall be in addition to all other fees and charges of such
clerks, shall be assessable as costs, and shall be remitted by such clerks
monthly to the county treasurers, and shall be disbursed monthly by the
county treasurer to the dispute resolution fund established under this
Section.  Each such clerk shall commence such charges and collections upon
receipt of written notice from the Chief Judge of the judicial circuit that
a dispute resolution fund has been established.
(d) Each dispute resolution fund established under this Section shall be
administered by the Chief Judge of the judicial circuit in which the fund is established.
(Source: P.A. 102-130, eff. 1-1-22.)
(710 ILCS 20/4) (from Ch. 37, par. 854)
Sec. 4. 
(a) Subject to the supervisory authority of the Supreme Court, the
Chief Judge of each judicial circuit in which a
dispute resolution fund has been established shall annually make grant
disbursements from the fund to dispute resolution centers within the
judicial circuit which meet the
criteria in Section 4 of this Act.
(b) Disbursements by the Chief Judge shall be made to qualified dispute
resolution centers within a judicial circuit based on each center's
proportionate share of the total number of cases resolved by all qualified
centers in that circuit during the year prior to application.
(c) In no event shall the disbursement to any dispute resolution center
in one year exceed $300,000.  Any amounts collected under Section 3 but not
disbursed in a particular year shall:
(1) in single-county judicial circuits, be paid to     the county treasurer for the administration of justice in the judicial circuit; and
(2) in judicial circuits of more than one county, be     paid to the county treasurers of each county of the judicial circuit for the administration of justice in the judicial circuit, in amounts in proportion to the amounts of the disbursements made by each of the county treasurers to the fund during the year.
(d) A dispute resolution center may accept funds from other public
entities or private sources.
(Source: P.A. 102-130, eff. 1-1-22.)
(710 ILCS 20/5) (from Ch. 37, par. 855)
Sec. 5. 
		
		(a) Subject to the supervisory authority of the Supreme Court, the
Chief Judge of each judicial circuit in which a
dispute resolution fund has been established shall make rules pertaining to
the operation and standards to be adhered to by dispute resolution centers
in that judicial circuit in order to qualify for funding.  Such rules shall
provide for the following in connection with mediation of disputes referred
from the court system:
(1) Each dispute resolution center applying for funding shall report the
number of cases which have been successfully resolved in each of the 3
preceding years.
(2) All mediators shall be trained in conflict resolution techniques for
at least 30 hours and shall participate in an ongoing peer review program.
Mediators shall perform their duties as volunteers, and shall not receive
any compensation for their services.
(3) Mediation shall be scheduled within 30 days of commencement of a case
unless good cause exists for not scheduling mediation.
(4) Each dispute resolution center receiving funding under this Act
shall maintain records which shall be available for inspection by the
office of the Chief Judge of the circuit and which shall demonstrate
adherence to applicable requirements.
(5) Prior to mediation, disputants shall be advised of the objectives of
mediation, the function of the mediator, and the role of the disputants in
the mediation process.
(6) A dispute shall be considered to be successfully resolved when a
written agreement which sets forth the obligations and responsibilities of
the disputants is signed by the disputants.
(b) Subject to the supervisory authority of the Supreme Court, the
Chief Judge of each judicial circuit in which a dispute
resolution fund has been established shall make rules concerning the types
of cases which the judges of the circuit may refer to a qualified dispute
resolution center, and may make any other rules necessary for the operation
of the Act in that judicial circuit.
(Source: P.A. 93-240, eff. 1-1-04.)
(710 ILCS 20/6) (from Ch. 37, par. 856)
Sec. 6. 
		
		All memoranda, work products, or case files of a
qualified dispute resolution center and its mediators shall be confidential
and shall not be subject to discovery or other disclosure in any judicial
or administrative proceeding.  Any communication made during the resolution
process by any participant, mediator, or any other person present at the
mediation shall be a confidential communication.
(Source: P.A. 85-756.)