Ill. R. Cir. Ct. McHenry Cnty. 18.08

As amended through September 23, 2024

Rule 18.08 - TERMINATION OF MEDIATION GENERALLY

A.Agreements to be Voluntary. Parties shall not be compelled or pressured by a mediator to reach an agreement on any issues arising in an action that is subject to mediation by rule or court order.

B.Election to Terminate. The mediator shall have the authority in exceptional cases to consider mediation terminated after the first mediation session as is outlined in paragraph (C) below.

C.Mediator's Authority to Terminate. Termination by a mediator may be based upon a reasonable belief that:

1. The parties have reached a final impasse;

2. The willingness or ability of any party to participate meaningfully in mediation is so lacking that an agreement on voluntary terms is unlikely to be reached by prolonging the negotiations; or

3. A disqualifying impairment exists, and termination is required in accordance with Article 18.06.

D.Reports and Recommendations. Upon termination of mediation for any reason, including the election of a party, the mediator shall file with the court a mediator report on a form prescribed by the Presiding Judge. Consistent with the provisions of the Uniform Mediation Act, the mediator may disclose in his or her report whether the mediation occurred, has terminated, or is suspended, whether a settlement was reached, and attendance.

Ill. R. Cir. Ct. McHenry Cnty. 18.08