Ill. R. Cir. Ct. McHenry Cnty. 18.05

As amended through May 30, 2024

Rule 18.05 - DUTIES OF THE MEDIATOR

A.Preliminary Responsibilities. Before mediation may begin, the mediator shall:

1. Confirm the parties' understanding regarding the fee for services and any reduced fee arrangements for eligible parties with financial hardship;

2. Advise the parties that the mediator neither represents nor advocates for either party and will not provide therapy or counseling to either party;

3. Advise the parties that either party could request that his or her attorney accompany that party to mediation and participate in the mediation process (consistent with the provisions of the Uniform Mediation Act, 710 ILCS 35/1, etseq.);

4. Define and describe the process of mediation to the parties, including appropriate procedure when evidence of impairment surfaces after mediation is in progress;

5. Explain the mandated reporting requirements of the Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq. and the application of rules of privilege and confidentiality in the mediation process and explain the applicability of those requirements to mediator-attorneys under this program;

6. Disclose the nature and extent of any existing relationships with the parties or their attorneys and any personal, financial, or other interests that could result in bias or a conflict of interest on the part of the mediator; and

7. Advise each party of the right to have an attorney available for consultation while mediation is in progress.

B.Application of Abused and Neglected Child Report Act Standards to Mediator-Attorneys. The mandated reporting requirements of the Abused and Neglected Child Reporting Act (ANCRA), 325 ILCS 5/1 et seq. as applied to mental health professionals shall also apply to all mediator attorneys acting in their capacity as mediators under this program.

C.Preparation of Agreements and Reports. When agreements are reached in mediation, the mediator shall provide a written account of the decisions made by the parties to both of the parties and their attorneys, if any. The mediator shall not provide this written account to the court. The mediator shall advise each party orally and in writing to obtain legal assistance in reviewing any draft memorandum of understanding as to decisions reached during mediation or in reviewing any proposed draft agreement. The mediator shall file a report with the court in accordance with Article 18.08.

D.Termination without Agreement. Upon termination without agreement, the mediator shall file with the court a final mediator report stating that the mediation has concluded without disclosing any reasons for the parties' failure to reach agreement.

E.Completion of Mediation. Unless for good cause shown, cases assigned for mediation shall be completed within 60 days of notification of assignment. If the case cannot be completed within 60 days, the mediator shall file an interim report. The court may consider the length of time that mediation was pending until completion in making findings, if any, for any delay or extension of the time limitations imposed by Supreme Court Rule 922.

Ill. R. Cir. Ct. McHenry Cnty. 18.05