Second District Mediation Program for Parties | State of Illinois Office of the Illinois Courts
The Appellate Mediation Pilot Program – Party Information
Welcome to the Illinois Second District Appellate Court’s Mediation Pilot Program! This program serves parties involved in certain civil appeals (for example, small claims, housing and standard family cases) in which the person who filed the appeal does not have an attorney.
What are the benefits?
The program provides free help to self-represented parties navigating the complex appellate process. The goal is to help you resolve your case quickly and simply, avoiding a lengthy full appeal.
If your case is sent to the mediation program, you will be required to participate in free mediation. If you do not have an attorney, the Court will match you with a volunteer attorney. Your matched attorney then represents you for free in this case until the end of your mediation.
What is mediation?
In mediation, an experienced, court-approved mediator helps you and the other party talk through the issues in your case. The goal is to come to an agreement that all parties find acceptable. Your mediation will likely be online, making it easy and comfortable for you to participate.
There are many benefits to mediation. It allows you to discuss your case in detail and decide the outcome of your case. If you reach an agreement to resolve all of the issues in your case, you can avoid the uncertainty and stress of waiting for the Court’s decision.
It is important to check your emails or text messages regularly, so you don’t miss any important information from the Court, your attorney, or your mediator.
How does the program work?
Before mediation:
You will meet with your attorney to discuss your case and mediation. You may also have a pre-mediation meeting with the mediator, to learn about the process and share your goals for your case.
Set yourself up for success in mediation.
- Organize your information. Before you meet with your attorney, review your case and gather any relevant documents that you may want to reference. Evaluate your goals for mediation, then prioritize them from most to least important.
- Discuss your case with your attorney. Your attorney should review the facts and history of the case with you, along with the documents you have gathered.
- Strategize for mediation. Your attorney should help you understand how mediation works. They should also ask what you want from mediation and what is most important to you. Sharing this information should put both of you on the same page about how you will approach mediation and how you will negotiate.
- Sign the Agreement to Mediate. Your attorney should review the Agreement to Mediate with you before you sign it. The Agreement to Mediate further explains the mediation process. It also outlines what is confidential in mediation.
Prepare for mediation with the mediator.
- Request accommodations. Let the mediator know if you need any assistance attending mediation. This could include an interpreter, assistive technology, or a changes to mediation to promote safety. If you have not used Zoom before, the mediator can give you a guide to help you access your online mediation.
- Talk about your case. The mediator will ask you about the history of your case, what the issues are, and what might keep you and the other party from settling.
- Learn about mediation. The mediator should also explain how they will conduct the mediation and what their role will be.
- Sign the Agreement to Mediate. If you haven’t yet done so, you will sign your Agreement to Mediate. All mediation participants must sign the Agreement to Mediate – this includes the parties, the attorneys, and the mediator. Ask the mediator any questions you have about the Agreement to Mediate.
Day of mediation:
Discuss your case.
- You will attend mediation online with your attorney. Your attorney will help you consider the strengths and weaknesses of your side by evaluating your case and providing advice. They may act as a sounding board while you think through potential offers and counter-offers.
- Your mediation will likely begin in a joint session, with all parties together. The mediator will then separate you and the other party into separate Zoom rooms and move back and forth between the rooms.
- Your mediator will help you and the other party to try to resolve your case. They are impartial and neutral. They don’t take sides, and they don’t decide who wins or who loses. They also can’t provide legal advice in the mediation.
- Mediation is generally a back-and-forth negotiation. All mediations are different, but they usually follow a similar process. It’s important to understand that initial offers will not necessarily be the final result.
Keep important details in mind.
- Your mediation is confidential. This means that no one who attends mediation can provide information to the Court about what happened in mediation. This includes the mediator.
- Mediation may take several hours, and in rare instances, cases might require more than one session. Set aside time and space to work on your case.
- The Court requires that someone who has the authority to settle your case be available during the mediation. You must have settlement authority or be able to contact someone with settlement authority during the mediation.
After mediation:
- If you completely resolve your case, your case will end. Your attorney will prepare the legal paperwork and the case will be dismissed.
- The Court will send you a survey to provide feedback on the process. Please complete it. Your honest responses will help the Court improve the program.
- If you do not resolve your case, your appeal will continue and the Court will no longer provide your attorney for you. If you are representing yourself, you will need to comply with the same rules as an attorney.
Need Help with Zoom?
You do not need to create a Zoom account to attend your mediation.
Before mediation:
- Make sure you can use Zoom. You can use Zoom on your computer, tablet, or phone. You will need a stable internet connection. If you don’t have a device or can’t access the internet, let your attorney know.
- Download and test Zoom. If you don’t already have the Zoom app on your device, download it ahead of time. You can also join your mediation via a web browser at Zoom.com/Join.
- Test assistive technology: If applicable, test assistive technology that you will use during your mediation to be sure you can use it with Zoom. This can include screen readers and voice-command software.
Day of mediation:
- Locate the Zoom access information for your mediation. This can include a link, meeting ID, passcode, or phone number.
- Log on to your mediation at least five minutes early. This will give you time to test your device’s camera and microphone.