Madison County Enacts Mandatory Mediation Rules for Med Malp Cases

It looks like the judges of one of the nation’s most reviled “Judicial Hell Holes”, Madison County, Illinois, have adopted new local rules requiring the parties in all medical malpractice cases to mediate their cases. According to the Madison County Record, the “judges adopted the rules June 18, [2007] based on recommendations of the circuit’s Medical-Legal Committee.” They released the following statement: “In order to alleviate the burden to the parties of protracted litigation in medical malpractice actions, to further the administration of justice, and to prevent unnecessary delay, the court hereby implements” new local rules. The parties are now required to mediate all “healing arts malpractice actions” within 90 days of the depositions of all Plaintiffs and Defendants. Further, all medical malpractice cases will be reviewed by a panel of circuit judges which will meet on a monthly basis to ensure that the cases are being prosecuted in a timely manner.

Madison County, Illinois has long been considered by all but the most stalwart plaintiff’s lawyers as one of the worst jurisdictions in the entire U.S. in which to be sued. Since taking over as Chief Circuit Court Judge in May 2006, Judge Ann Callis has instituted rules to make it harder for out-of-state lawyers to file cases in Madison County and for plaintiffs to change judges readily in an attempt to remedy the poor image of the jurisdiction. This appears to be another step in the right direction, for both judicial reform and for mediation and ADR, in general.