Rule 12.014 - COURT'S AUTHORITYA civil case filed in the Circuit Court remains under the control of the court in all phases of the proceedings, including mediation. The court referring a case to mediation may set, in its referral order, the limits of the mediator's scope of authority in the case. Absent an order to the contrary:
(1) The mediator has authority and control over the mediation process but has no authority over the parties or over their decisions in the case;(2) Unless otherwise agreed in writing by the parties and mediator, the parties' legal counsel shall not be present at mediation sessions;(3) The mediator shall encourage disputing parties to obtain individual legal advice at any time during the process and individual legal review of any mediated agreement before signing any agreement; and(4) The mediator shall not act as a lawyer for either party or the children of the parties in the current or any related matter absent the written consent of both parties.Amended effective 2/1/2024.