Rule 18.03 - MEDIATION MANDATORY IN CERTAIN CASES(a)(I) Mandatory Mediation. The Court shall order mediation of the following contested issues unless an impediment to mediation exists: (1) initial determination of custody, visitation or parenting time; (2) modification of custody, visitation or parenting time and(3) removal or relocation of child or children. The parties may not proceed to a judicial hearing on contested issues including temporary relief arising in that case without leave of Court, or until the mediation process has been concluded and its outcome (with disclosures as to outcome being limited to what is set forth herein and as are consistent with the provisions of the Uniform Mediation Act) has been reported to the Court. Notwithstanding, the Court may enter an order for temporary child support or other appropriate financial relief for good cause shown.
(II) Discretionary Mediation. The Court may at the request of either party or on court's own motion order mediation of other contested issues other than those described in (a)(i) including contested financial issues. Mediation of financial issues may be ordered without the consent of the parties and over objection of the parties. The financial resources of the parties may be considered before ordering mediation of these issues.(b)Commencement of mediation. The mediation process shall commence as soon as practicable after the action is filed, but in no event shall mediation occur before a case has been screened for eligibility. The designated family division judge shall make inquiries of counsel and the parties concerning: 1. prior or existing domestic violence proceedings between the parties;2. prior adjudications of guilt or responsibility as a result of an independent criminal or civil proceeding based on domestic or family violence; and3. pending criminal or civil proceedings based on domestic or family violence. Mediation shall not be required if the Court determines an impairment exists.
The designated family judge shall further review information about the financial ability of each party to pay the cost of mediation services, and in cases of hardship the Court shall assign a mediator whose services shall be provided at a reduced fee. Financial hardship shall be determined in each case in accordance with local rule.
The parties referred to mediation by the Court shall commence the parent education program prior to starting mediation or as soon after starting mediation as the parent education program's schedule allows. However, mediation shall not be delayed due to the inability of either party to complete the parent education program.
(c)Investigations. Except when the Court finds good cause, no investigation or examination pertaining to issues pending in mediation shall be ordered by the Court.(d)Discovery. Only written discovery shall be allowed until filing of the mediator termination report.(e)Mandated Sessions. Mandated sessions. This mediation process contemplates at least three (3) sessions of approximately one (1) hour per session. The parties are required to attend the three mediation sessions. The parties may agree to continue the mediation process beyond the three (3) sessions without permission of the Court. In that event, the mediator shall file the Mediator's Report on an interim basis, so informing the Court.Ill. R. Cir. Ct. McHenry Cnty. 18.03