CENTRAL ILLINOIS JUDICIAL MEDIATION, LLC

Judge Cudmore uses a mediation format, and private caucusing with each party. He normally does not require or allow any type of opening statement or presentation to be given on behalf of each party. He also may address your client directly during the mediation. Parties with ultimate settlement authority should be personally present or immediately available by telephone. Whenever an insurance company or carrier is a party or is defending a party, a representative of the insurance carrier with settlement authority should be present or available by telephone.

 

Judge Cudmore strongly recommends that in all mediations that he hosts, counsel submit detailed settlement statements by a date certain prior to the mediation date. Settlement statements will be treated confidentially by him and must not be submitted to the other parties or other counsel. Judge Cudmore, in his role as mediator, may have ex parte contact with counsel prior to the mediation to help narrow the issues.

 

Each settlement statement should candidly assess the strengths and weaknesses of both sides of the case, including an appraisal of the issues of liability. Each side should specify the evidence that supports their theory or defense of the case. Plaintiff's counsel shall also itemize all damages claimed and the prospect for recovery on each item of damages claimed. Counsel should attach to their statements any documents that might enhance the productivity of the negotiations. The parties should also provide any controlling legal precedent that supports their theory or defense of the case.

 

The parties are expected to have engaged in good faith settlement discussions before requesting a mediation before Judge Cudmore. The settlement statement must describe negotiations that have occurred to date, detailing demands, offers, and any counter-offers that have been made and rejected. The settlement statement should also describe any offers that are currently open for acceptance. The settlement statement should identify any particular circumstances which appear to have impeded efforts thus far to resolve the case.