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1. What happens if we agree to settle our case?

Most Eviction Diversion Program (EDP) agreements result in a final settlement order called a “Dismissal With Prejudice Pursuant To Settlement Agreement.” This Order is approved by the landlord and tenant, and then presented to the court for approval. When the order is entered by the court it is a binding court order and must be followed by both parties. If the landlord and tenant complete the requirements they placed in the settlement order, the case is dismissed and no judgment is entered against the tenant. If the tenant fails to pay the agreed amount or follow the order at a later date (for example, move out when agreed to), the landlord can request that the Court enter a Judgment and allow for the eviction of the tenant.

2. What happens if we do not agree to settle our case?

If the landlord and tenant cannot reach a settlement during the mediation session, the case will be heard by the Judge, as was done in the past. The Court may hold such hearings online or in person. The Judge will decide whether the tenant can be evicted by the landlord and what amounts of money are owed, if any.

3. What is Eviction Diversion?

The Rock Island County Eviction Diversion Program (EDP) provides tenants and landlords with the opportunity to resolve eviction cases without the need for a trial before the Judge. All eviction cases at this time have access to mediation services provided by volunteer court-certified mediators and an eligibility assessment for emergency services and financial assistance with Project NOW and the Salvation Army. Tenants that are income-eligible may also have the opportunity to seek a legal consultation with an attorney from Prairie State Legal Services, Inc. There is no cost charged to the landlord or tenant for these services.

4. What will happen?

The landlord and tenant will attend the first return hearing as scheduled in the Eviction Summons (PDF). If you receive this Eviction Diversion Program Flyer (PDF) with your Court documents please see the Summons or Eviction Summons (PDF) for dates and times of your appearance. The Judge will decide if the case is appropriate for mediation prior to being scheduled for trial. The mediator will either meet with the parties that day or on a later date and facilitate settlement negotiations between the landlord and tenant. Parties will have an opportunity to negotiate settlement of rental amounts owed, repair issues, possible move out dates, or other concerns raised in the eviction case. All mediators in this program have completed the necessary certificate on training.