RULE 7. APPLICATION OF SAFEGUARDS IN CASE OF IMPAIRMENT

1. Duty to Assess:   While mediation is in progress, the mediator shall assess continuously whether the parties manifest any impairments affecting their ability to mediate safely, competently and in good faith.



2. Safety:   If an impairment affecting safety arises during the course of mediation, the mediator shall adjourn the session to confer separately with the parties, may implement appropriate referrals to community service providers, shall advise the parties of their right to terminate and either shall:



1. Terminate mediation when circumstances indicate that protective measures are inadequate to maintain safety; or



2. Proceed with mediation after consulting separately with each party and their attorney to ascertain whether mediation in any format should continue.



3. Competency or Good Faith:   If an impairment affecting competency or good faith, but not safety, arises during the course of mediation, the mediator may do the following:



1. Suspend mediation when there is a reasonable likelihood the impaired condition of an affected party is only temporary; or



2. Terminate mediation when circumstances indicate an affected party’s ability to negotiate cannot be adequately restored.



4. Effect of Termination:   No mediation terminated shall proceed further unless the parties agree otherwise. In the absence of such an order, the case shall be returned to the docket for adjudication in the manner prescribed by law.