How the Chicago Bar Mediation Service Works

The Chicago Bar Association established the Mediation Service to allow members to act as mediators in personal injury, commercial, matrimonial, and other kinds of cases for a fee of $400 an hour. Parties requesting mediation must be represented by counsel.

Mediators

Mediators must be CBA members with at least ten years of practice experience. They will have taken the CBA intensive mediation/negotiation course or another approved mediation course from providers such as Northwestern University, University of Chicago, Harvard University, the Center for Conflict Resolution (https://www.ccrchicago.org/) or other provider deemed appropriate by the Mediation Service Committee.

Each CBA member applying to the Mediation Service must complete the “Mediator Background Application” detailing the applicant’s professional background and experience. Each applicant must be a lawyer in good standing and free from any sanctions or discipline by any court or regulatory body. A qualified applicant can also submit a video explaining his/her experience in mediation and philosophy of successful mediation.

Fees

The mediation fee is $400 per hour. Each mediation will presumed to be at least four hours with a mandatory minimum mediation fee of $1,600 payable to the CBA prior to the mediation. If the mediation lasts longer than 4 hours, the parties are required to pay an additional fees.

If the mediator believes that the matter warrants additional preparation time, the mediator will inform the parties of the anticipated amount of preparation time needed and will receive parties’ agreement to be billed for that time.

Procedures

1. Parties will select their mediators from the roster of mediators and inform the Service Administrator of their selection via phone 312-554-2040 or mediation@chicagobar.org.
2. Parties will submit an intake form to the Administrator.
3. The Administrator will inform the mediator when parties have selected the mediator. The Administrator will insure the mediator is available and has no conflicts of interest.
4. Once the mediator has agreed to take a case, the mediator will notify the parties by email with a copy to the Administrator (mediation@chicagobar.org) that he/she will accept the case and has no conflict of interest.
5. If the selected mediator does not accept the case, he/she will email the Administrator who will notify the parties.
6. When the matter is accepted, the CBA will send an invoice for the $1,600 minimum fee to the parties. The invoice must be paid prior to the mediation.
7. The mediator and parties will be notified when the payment has been received.
8. The mediator will schedule dates for the mediation and notify the parties and the Administrator.
9. Within fourteen days of the mediator accepting the mediation, the parties will submit “Parties Mediation Statement” to the mediator unless otherwise agreed to share with all parties. The Statement may contain any relevant information a party believes the mediator should have along with any relevant documentation and/or court pleadings.
10. Seven days prior to the mediation, the parties must exchange a written offer and demand and share that with the mediator unless otherwise agreed.
11. Provided payment has been made to the CBA, the mediation will begin no later than fourteen days after the parties have submitted their mediation statements and shall continue until the matter is resolved or until the parties agree that further negotiation will not be productive.
12. Mediations will be done virtually until such time when it is safe to do them in person. At that time parties will be able to request the use of CBA space to hold the mediation by emailing mediation@chicagobar.org with the dates and times requested.
13. At the conclusion of the mediation, the mediator will email the parties and Administrator that the mediation has concluded. The email will indicate the length of the mediation in order to determine if additional fees are owed to the CBA ($400/hour over the 4-hour minimum). If any additional fee is owed, the CBA will invoice the parties requesting payment.
14. After payment is received, the CBA will forward payment to the mediator.