20.05 Completion of Mediation

(a) Events Constituting Completion Of Mediation

Mediation shall be considered to have been completed only upon the happening of one of the following events:

1. The entry of the parties into a written settlement agreement;

2. Certification by the mediator that the mediation has been concluded without the parties reaching any agreement; or

3. Entry of an order by the Court, upon the motion of any party, terminating the mediation for good cause shown.

(b) Completion of Mediation upon Entry into Written Settlement Agreement

If an agreement is reached, it shall be reduced to writing and signed by each of the parties. Following execution of the written settlement agreement by all parties, the parties shall file with the Court Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report).

(c) Completion of Mediation upon Mediator’s Certification of No Agreement

If the parties have reached no agreement and the mediator concludes that further mediation would not be likely to result in agreement, the mediator shall complete and sign Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report), provide a copy of same to each party, and file the same with the Court.

(d) Completion of Mediation by Court Order

Upon the motion of any party, the Court may enter an order terminating mediation at any time upon good cause shown.

(e) Mediated Agreement as a Contract Among the Parties

In the event of any breach or failure to perform under the written settlement agreement, the Court upon motion may impose sanctions, including costs, attorneys’ fees, or other appropriate remedies, including entry of judgment on the agreement.

Copyright 2018 by Circuit Court of Cook County