As amended through May 30, 2024
A.Mediation. When the word "mediation" is used herein, it means a cooperative process for resolving conflict with the assistance of a trained court-appointed, neutral third party, whose role is to facilitate communication, to help define issues, and to assist the parties in identifying and negotiating fair solutions that are mutually agreeable. Fundamental to the mediation process described herein are principles of safety, self-determination, procedural informality, privacy, confidentiality and full disclosure of relevant information between the parties. Mediation under this is a means for the parties to maintain control of parenting decisions by resolving themselves the issues of allocation of significant decision-making responsibility, parenting time, relocation and other non-financial children's issues. Parties are encouraged to participate in the mediation process by attempting good faith negotiation and resolution of the issues brought to mediation.B. Mediation under this rule is not to be considered a substitute for independent legal advice. Instead, it is to work in partnership with the attorneys and the legal process by giving the parties the ability to be fully informed of options for resolution of their issues, which would include obtaining legal advice before, during and after the mediation process.C.Impairment. When the word "impairment" is used herein, it means any condition which hinders the ability of a party to negotiate safely, competently and in good faith, including but not limited to domestic violence or intimidation, substance abuse, or mental illness, or a cognitive impairment. Pursuant to these rules, the identification of impediments in a case is necessary to determine if mediation should be required and ensure that only parties having a present, undiminished ability to negotiate are directed by the court under this rule to mediate.Ill. R. Cir. Ct. McHenry Cnty. 18.02