Most lawyers think of mediation as a means of settling a lawsuit. However, a committee of judges and lawyers appointed by Law Division Judge William D. Maddux determined that Rule 20.1 of the Rules of the Circuit Court of Cook County (Court-Annexed Mediation) allows the courts to have discovery disputes sent to mediators.
No one would likely suggest that run of the mill discovery issues should now be mediated, but in a large and complex case, and especially in cases involving extensive electronic discovery, mediation will likely be an option the court considers. In effect, mediators in state court cases might play the role the Federal Magistrates play in U.S. District Court cases.