As amended through September 23, 2024
Rule 14.44 - ATTENDANCE AND PARTICIPATION IN MEDIATION AND REPORTING OUTCOMES(a) The parties to a case which is scheduled for mediation pursuant to a Mediation Referral Order hereunder, are required to attend. If either of the parties is represented by counsel, it is not required that such counsel participate.(b) The mediation will commence with introductory comments by the Mediator. The parties will be asked to execute a Confidentiality Agreement at that time and to make any introductory comments as may be appropriate. Thereafter, the Mediator may either work with the group all together or separate each side, allowing for the parties to caucus (a process which allows the Mediator to speak privately with each side outside the presence of the others). The parties may step away as needed to confer with their attorney. The mediation may be continued, if all agreed to determine that a continuance could help facilitate settlement, but no continuance which would require the rescheduling of a trial date may proceed without court approval.(c) If an agreement is reached to resolve the matter in whole or in part, it must be reduced to writing and signed by the parties or their agents at the end of the mediation. On or before the status date, the mediator shall submit a Mediation Report to the Court and provide copies to the parties and their legal counsel, CASA and/or the Guardian ad Litem, if applicable. It is then the responsibility of the parties to enter their agreement in Court at the status/trial date. Mediated agreements are not binding unless entered in Court by the parties to the case.(d) The parties shall attend the mediation session(s) which shall be up to an aggregate three (3) hours in length unless extended by agreement of the parties and the mediator. Attendance at mediation shall be limited to the parties to the dispute unless otherwise ordered by Court. Attorneys shall not participate in the mediation but may be present for consultation in a separate breakout area.(e) Mediation may be extended by order of the Court or agreement of the parties.(f) The mediation may be terminated or suspended at the option of the mediator or the Court.(g) The mediator shall immediately advise the Court in writing via a Mediation Report if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of mediation.(h) On or before the status date, the mediator shall submit a Mediation Report to the Court, the parties, attorneys, and the CASA Guardian ad Litem, if applicable, which shall include information listed in this rule under the section entitled "Program Reporting Requirements,"Ill. R. Cir. Ct. Dupage Cnty. 14.44