Rule 1940.6.A - Termination of Mediation(a) Mediation, if undertaken after the initial orientation session, shall terminate upon the earliest of the following:(1) a written agreement between the parties on all custody issues;(2) a written agreement between the parties that mediation be terminated;(3) a partial written agreement between the parties concerning custody issues and a determination by the mediator that further mediation will not resolve the remaining issues;(4) a written determination by the mediator that the parties are unable to reach an agreement through mediation or that the proceeding is inappropriate for mediation; or(5) a refusal of one of the parties to continue with the mediation.(b) If the parties reach a complete or partial agreement regarding custody at the mediation, the mediator shall promptly prepare and transmit to the parties and their attorneys, if any, a Temporary Custody Order, setting forth the terms of the parties' agreement. In no event shall any such Temporary Custody Order be binding on the parties unless and until it is incorporated into a written agreement signed by the parties.(c) If the parties reach an agreement regarding custody at mediation, the mediator shall advise them that they may review the Temporary Custody Order with an attorney. If the parties wish to review the Temporary Custody Order with their attorneys, the order shall not be signed, by the parties, at mediation. The mediator shall provide the parties with a copy of the Temporary Custody Order. The attorneys must finalize and submit the signed Temporary Custody Order to the Family Court at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.(d) The parties may agree to waive review by their attorneys and to sign the Temporary Custody Order at the mediation. If the parties sign the Temporary Custody Order at mediation, the mediator shall submit the signed Temporary Custody Order to the Family Court, with copies to counsel of record, at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.Chest. Cnty. Ct. Comm. Plea. R. 1940.6.A
Amended effective 6/13/2022.