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IDHR Mediation Program
MEDIATION RULES
Each party must agree to the following rules before beginning the mediation conference:
- Each party voluntarily agrees to participate in mediation and attend a mediation conference.
- EACH PARTY MUST HAVE FULL AUTHORITY TO NEGOTIATE AND SETTLE AT THE MEDIATION CONFERENCE.
- Each side is limited to three participants, one of which should be designated to speak; either or both of the parties may be represented by an attorney, but legal representation is not required.
- The mediation process is CONFIDENTIAL. The only information that will be kept by the Illinois Department of Human Rights (IDHR) or the Mediator is a list of the participants, the date and time of the conference, the name of the mediator. If there is a settlement, IDHR may keep a copy. No other record of the mediation conference will be made by IDHR or the Mediator.
- The participants must agree that mediation efforts will not be introduced as evidence before IDHR, the Illinois Human Rights Commission (IHRC), or any judicial or administrative body, nor will the parties subpoena the Mediator to testify.
- The conference can be terminated at the request of either party or the Mediator.
- If the charge is settled, the parties will not have an IDHR investigation or an IHRC hearing on the merits of the charge. A written settlement agreement may be drafted and signed by both parties after the mediation conference.
- The parties will have ten (10) consecutive calendar days from the date of the Department’s signed withdrawal form to revoke their acceptance of the settlement. If neither party notifies IDHR, in writing, the settlement has been revoked, IDHR will process the signed withdrawal form on the next business day following the tenth consecutive calendar day from the date the form was signed. If either party revokes the settlement, the case will move forward to the next process.
- Neither IDHR nor the Mediator shall be liable for any act or omission in connection with the mediation process.
- The parties are expected to acknowledge they have read this notice, understand it, and agree to its contents.