SLR 12.161 — CONTROL AGREEMENTS
12.161 CONTROL AGREEMENTS A domestic relations case filed in Circuit Court remains subject to the control of the Circuit Court during mediation. The court which refers a case to mediation may set in its referral order the limits of the mediator’s scope of authority in the case. Any agreements of the parties reached as a result of mediation for which court enforcement may be sought must be presented to the court in judgment form. The court shall retain final authority to accept, modify or reject the agreement. In order to preserve and prompt the integrity of mediation as a dispute resolution technique, the court shall consider and may include all reasonable agreements reached by the parties in formulating its judgment in the case. 12. 171 REFERRAL TO MEDIATION When the parties have not requested mediation, but it appears that parenting plan/custody issues are part of a proceeding that will result in a final judgment or order, the court shall refer the matter to mediation. “At issue” means that the case is ready to be set for trial or if a party seeks to modify the parenting time or custody provision of a divorce judgment or a judgment establishing paternity when the case is ready to be set for hearing. 12. 181 AUTHORITY OF MEDIATORS 1) A mediator has authority and control over the mediation process; but a mediator has no control or au thority over the parties or over their decisions in the case. 2) Unless otherwise agreed in writing by the parties and mediator, the parties’ legal counsel shall not be present at mediation sessions. 3) A mediator shall encourage disputing parties to obtain individual legal advice and individual legal re view of any mediation agreement before signing any agreement. 4) A mediator shall not act as a lawyer for either party. 12. 191 MEDIATION ORIENTATION 1) Mediation shall consist of an orientation session and a maximum of (8) eight hours of sessions involving the parties and mediator. Additional sessions may be provided at the parties’ expense. 2) Parties may forego orientation for good cause with the court’s approval. 12. 201 APPOINTMENT OF MEDIATOR 1) The parties may select a mediator of their own choosing, but if the mediator is not on the list of m ediators approved by the court the expense of the mediator shall be the responsibility of the parties. 2) The court shall appoint a mediator from a list of approved mediators once a response/answer has been filed. The notice will be sent out to the mediator and both parties. If parties are represented by an attorney, their attorney will receive the notice. The mediator or the court will contact either the parties directly or their attorney to schedule mediation orientation and the mediation session. The in itial session will occur within 14 days from the date the mediator receives notice or as soon thereafter as possible. Page 13 of 14 – 24th Judicial District Supplemental Local Rules – effective February 1, 2026
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