Rule 18.04 - APPOINTMENT AND QUALIFICATION OF MEDIATORA.List of Approved Persons. For each eligible case, a person approved to provide mediation services shall be appointed by the court from a list of court-approved mediators. If the parties have agreed on an approved mediator, the court may make an appointment pursuant to that request. All appointments shall be made on the court-approved order form. The mediator's willingness to accept two such low-income cases as identified by the court as is set forth herein (if appointed) shall be considered as a requirement for maintaining eligibility as to the list of court-approved mediators.B.Eligibility Requirement for Mediators. The designated Family Judge shall maintain a list of persons approved to provide mediation services. Persons eligible for approval as a mediator shall provide evidence upon written application demonstrating that each of the following minimum requirements has been satisfied. 1. Satisfactory completion of 40-hour divorce mediation training program approved by the Association for Conflict Resolution or otherwise approved by the court. In addition (or as part of such a 40-hour program), the applicant must have completed at least three hours of training specific to domestic violence, child abuse, substance abuse and mental illness, which gives the applicant an understanding of the issues related to these impairments and one's ability to negotiate effectively when impacted by one or more of these impairments.2. The applicant has been awarded a degree in law or a graduate degree in a field that includes the study of psychiatry, psychology, social work, human development, family counseling or other behavioral science substantially related to marriage, family interpersonal relationships or a related field otherwise approved by the Presiding Judge of the Family Division, or his/her designee.3. The applicant shall be licensed in his/her profession.4. The applicant shall be a member in good standing in the professional organization in his/her respective disciplines.5. The applicant shall maintain an office in McHenry County unless otherwise allowed by the Presiding Judge of the Family Court or his or her designee.6. The applicant shall submit proof of professional liability insurance which covers the mediation process.7. The applicant shall have a minimum of two years post-degree experience in his/her discipline or profession, or supervision by a qualified member. The parties may choose to use a mediator other than someone listed on the court's list if the court finds that the mediator is an individual who substantially meets the same standards as set forth above.
C.Continuing Education. A mediator shall participate in six hours of continuing education every two (2) years from programs approved by the Twenty-Second Judicial Circuit's Family Mediation Advisory Council. A mediator shall report and verify his or her attendance at approved continuing education to the Twenty-Second Judicial Circuit's Family Mediation Advisory Council. Mediators with last names beginning A-M should submit information by July 1 in even-numbered years. Those with last names N-Z should submit by July 1 in odd-numbered years. Approved programs include studies of family conflict resolution, human development, domestic violence awareness, child abuse, ethics, virtual family mediation, family mediation practice, diversity, inclusion, gender bias, personality development, and interpersonal relationships. A mediator may choose seminars/webinars from these or any venue that falls into these categories. The Council will also provide a list of continuing education providers whose seminars (or webinars) are presumptively approved. A mediator may seek approval from the council in advance of other continuing education opportunities.
A mediator is personally responsible for ongoing professional growth. A mediator is encouraged to join with other mediators and members of related professions to promote mutual professional development.
D.Duty to Notify Court. A mediator shall inform the court within seven (7) days if he or she has been disciplined by any licensing agency or professional organization to which he or she belongs.E.Conflicts of Interest.1. A mediator shall avoid a conflict of interest or the appearance of a conflict of interest during and after mediation. A conflict of interest can arise from involvement by a mediator with the subject matter of the dispute or from any relationship between a mediator and any mediation participant, whether past or present, personal or professional, that reasonably raises a question of the mediator's impartiality.2. A mediator shall make a reasonable inquiry to determine whether there are any facts that a reasonable individual would consider likely to create a potential or actual conflict of interest for a mediator. A mediator's actions necessary to accomplish a reasonable inquiry into potential conflicts of interest may vary based on practice context.3. A mediator shall disclose, as soon as practicable, all actual and potential conflicts of interests that are reasonably known to the mediator and could reasonably be seen as raising a question about the mediator's impartiality. After disclosure, if all parties agree, the mediator may proceed with the mediation.4. If a mediator learns any fact after accepting a mediation that raises a question with respect to that mediator's service creating a potential or actual conflict of interest, the mediator shall disclose it as quickly as practicable. After disclosure, if all parties agree, the mediator may proceed with the mediation.5. If a mediator's conflict of interest might reasonably be viewed as undermining the integrity of the mediation, a mediator shall withdraw from or decline to proceed with the mediation regardless of the expressed desire or agreement of the parties to the contrary.6. Subsequent to mediation, a mediator shall not establish another relationship with any of the participants in any matter that would raise questions about the integrity of the mediation. When a mediator develops personal or professional relationships with parties, other individuals or organizations following a mediation in which they were involved, the mediator should consider factors such as time elapsed following the mediation, the nature of the relationships established, and services offered when determining whether the relationships might create a perceived or actual conflict of interest.F.Impartiality.1. A mediator shall decline a mediation if the mediator cannot conduct it in an impartial manner. Impartiality means freedom from favoritism, bias or prejudice.2. A mediator shall conduct a mediation in an impartial manner and avoid conduct that gives the appearance of partiality.3. A mediator should not act with partiality or prejudice based on any participant's personal characteristics, background, values and beliefs, or performance at a mediation, or any other reason. A mediator should neither give nor accept a gift, favor, loan or other items of value that raises a question as to the mediator's actual or perceived impartiality. A mediator may accept or give de minimis gifts or incidental items or services that are provided to facilitate mediation or respect cultural norms so long as such practices do not raise questions as to a mediator's actual or perceived impartiality.G.Bar to Subsequent Representation of the Parties. No mediator may engage in a lawyer/client, psychologist/patient, therapist/patient, etc., relationship for a period of two (2) years following the final mediation report issue date.H.Approval of persons Already Engaged as Mediators. Prior to the passage of this rule, all persons approved to act as mediators under any existing court mediation program in this Circuit shall continue to do so without further approval. A mediator shall mediate two (2) low-income cases, as identified by the court, per year, at a reduced fee assuming, as provided herein, that the court assigns to the mediator two (2) such cases.
I. Mediators shall be entitled to such immunity as may be provided by law.Ill. R. Cir. Ct. McHenry Cnty. 18.04