RULE 9. ATTENDANCE AND TERMINATION OF MEDIATION

1. Attendance:   The parties and the attorneys shall attend the mediation session(s) and shall attend a minimum of three (3) hours of mediation. Further participation may be extended by agreement of the parties. Mediation may be terminated or suspended prior to completion of the three (3) hours upon resolution of all mediated issues.



2. Termination or Suspension:   The mediation may be terminated or suspended at the election of the mediator, or one of the parties or their attorneys.



3. Notice to Court:   The mediator shall immediately advise the court in writing if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of this Rule.



4. Sanctions for Failure to Appear.   If a party fails to appear without good cause at a previously agreed upon mediation conference or a mediation conference ordered by the court, the court upon motion may impose sanctions, including an award of mediator and attorney fees and other costs, against the party failing to appear.



5. Termination with Agreement:   When agreements or partial agreements are reached by the parties during mediation, the mediator shall provide a written account of the agreements to the parties and their attorneys, but the mediator shall not provide this written account to the court.
   The parties shall obtain legal assistance in drafting or reviewing any final agreements. The mediator shall advise the parties that agreements reached during mediation will not be legally binding until they are reviewed by the court and signed by the judge.



6. Termination Without an Agreement:   Upon termination without agreement, the mediator shall file with the court a final mediator report stating that the mediation has concluded without disclosing any reasons for the parties’ failure to reach an agreement.



7. Reporting Procedures



1. Mediator’s Report:   The mediator shall prepare a Mediator’s Report on the prescribed form within ten (10) days of the termination of the last mediation session. These reports will be filed with the circuit clerk. (See Appendix C).



2. Statistical Report:   The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the trial court administrator. (See Appendix H).



3. Reports to the Supreme Court:   The trial court administrator or his/her designee shall provide for the maintenance of records of mediations conducted pursuant to these rules. The information shall include the number of mediations conducted, the number of mediations resulting in an agreement and those resulting in no agreement. Such information shall be furnished to the Supreme Court through its administrative office once a year or at such other interval as may be directed.