SLR 10-12.014: Court’s Authority

A civil case filed in the Circuit Court remains under the control of the court in all phases of the proceedings, including mediation. The court referring a case to mediation may set, in its referral order, the limits of the mediator's scope of authority in the case. Absent an order to the contrary: (1) The mediator has authority and control over the mediation process but has no authority 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; Page 17 of 22 (3) The mediator shall encourage disputing parties to obtain individual legal advice at any time during the process and individual legal review of any mediated agreement before signing any agreement; and (4) The mediator shall not act as a lawyer for either party or the children of the parties in the current or any related matter absent the written consent of both parties.