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92_HB4367eng HB4367 Engrossed LRB9212599RCmg 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 withwho15agree to utilize its services. Disputes handled by a dispute16resolution 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 HB4367 Engrossed -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. HB4367 Engrossed -3- LRB9212599RCmg 1 (Source: P.A. 85-756.)