Ill. R. Cir. Ct. McHenry Cnty. 18.06

As amended through September 23, 2024

Rule 18.06 - APPLICATION OF SAFEGUARDS IN CASE OF IMPAIRMENT

A.Duty to Assess. While mediation is in progress, the mediator shall assess continuously whether the parties manifest any impairments affecting their ability to mediate safely, competently, and in good faith.

B.Safety. If an impairment affecting safety arises during the course of mediation, the mediator shall adjourn the session to confer separately with the parties, shall implement appropriate personal safety protocols, shall advise the parties of their right to terminate, and either shall:

1. terminate mediation when circumstances indicate that protective measures are inadequate to maintain safety; or

2. proceed with shuttle mediation, after consulting separately with each party to ascertain whether mediation in any format should continue unless both parties request joint sessions and if the mediator believes that will be safe.

C.Competency or Good Faith. If an impairment affecting competency or good faith, but not safety, arises during the course of mediation, the mediator shall either:

1. suspend mediation when there is a reasonable likelihood the impaired condition of an affected party is only temporary; or

2. terminate mediation when circumstances indicate an affected party's ability to negotiate cannot be adequately restored.

D.Effect of Termination. No mediation terminated by the mediator shall proceed further unless ordered by the court upon motion of a party.

Ill. R. Cir. Ct. McHenry Cnty. 18.06