May 10, 2016
by Lee S. Perres and Jill D. Rein
Pierce & Associates, P.C. – USFN Member (Illinois)
There are recent changes in Macon County with respect to mediations. The new mediation program has begun and is detailed below.
Mediation will be mandatory for all residential foreclosure actions filed on or after May 2, 2016. The circuit clerk has increased the filing fee of all foreclosures cases by $75 to defray the cost of the mediation program.
Macon County’s mediation program mirrors that of Champaign County. Macon County Administrative Order 2016-1 includes the required summons (Exhibit A), notice of mandatory mediation (Exhibit B), and the mandatory mediation rules (Exhibit C). If the homeowner wants to participate in mediation, the homeowner must attend a mandatory pre-mediation conference on the date specified on the summons (date shall be at least 42 days but not more than 60 days from the issuance of summons), at which time the homeowner must prepare and provide a pre-mediation packet to the plaintiff’s counsel.
The plaintiff must provide the homeowner with an itemized list of any missing information within 14 days of the pre-mediation packet being served on the plaintiff. The homeowner must provide any missing information within 21 days of being served with the itemized list. After the homeowner submits an initial pre-mediation packet, the case will be set for a status conference within 40 to 60 days. If the homeowner fails to appear or submit a pre-mediation packet after three pre-mediation conferences (not including the status conference), the mediation coordinator will file a report with the court terminating mediation services.
After all information is received, the plaintiff must file a Certificate of Readiness to Engage in Mediation and mediation will be scheduled within 45 days.
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