Public Act 93-0240

HB1469 Enrolled                      LRB093 03870 RLC 03905 b

    AN ACT concerning dispute resolution.

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

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

    (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  who
agree to utilize its services.  Disputes handled by a dispute
resolution  center  shall  include,  but  not  be limited to,
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. 85-756.)

    (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. 85-756.)