Ill. R. Cir. Ct. McHenry Cnty. 18.09

As amended through September 23, 2024
Rule 18.09 - TERMINATION OF MEDIATION ON MOTION OF A PARTY
A.Judicial Determination of Impairment. Any party may move the court for a ruling that a case is ineligible for mediation based upon evidence of impairment.
B.Filing a Motion. The motion may be supported by an affidavit setting forth facts demonstrating that, for one or more parties to the action, the ability to negotiate safely, competently, and in good faith is hindered by the presence in the relationship of family violence or intimidation, substance abuse, mental illness, or other impairment as defined in Article 18.02.
C.Presumption. An existing plenary order of protection for or against any party issued under the Illinois Domestic Violence Act, or a comparable law of any other jurisdiction, creates a presumption of impairment. Unless the presumption is rebutted, the motion shall be granted.
D.Motion Denied. If the motion is denied, the court shall make a record of specific findings in support of the denial.
E.Motion Granted. If the motion is granted, the court may consider whether the best interest of a minor child requires the appointment of an attorney for the child in the balance of the litigation. The court shall order the case returned to the docket for adjudication in the manner prescribed by law. The court may appoint a guardian ad litem, attorney for the child or a child representative. The court may alternatively (or in addition) seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child's best interest pursuant to 604(b).
F.Domestic Violence Order Entered While Mediation Pending. Furthermore, if any order of protection is entered while a case is in the process of mediation, each party (or if he or she is represented by counsel, his or her respective attorney) shall immediately inform the mediator of the same and provide a copy of the order of protection to the mediator.

Ill. R. Cir. Ct. McHenry Cnty. 18.09