(a) No Agreement. If the parties do not reach an agreement as a result of mediation, the mediator shall report, within 10 days, the lack of an agreement to the court without comment or recommendation.
(b) Agreement. If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. Within 10 days thereafter, the mediator shall file a report with the court on a form approved by the court.
Reporting the Results of Mediation: This rule explains what the mediator must do once the mediation conference is over, depending on the outcome.
- (a) No Agreement (Impasse): If the parties are unable to settle the case, the mediator's job is simple. Within 10 days, they must file a report with the court stating only that the parties did not reach an agreement. The mediator is strictly forbidden from telling the court who was at fault or making any other comments or recommendations. The appeal then proceeds as if mediation never happened.
- (b) Agreement Reached: If the parties reach a full or partial settlement, the agreement must be put in writing and signed by everyone. The mediator then files a report with the court within 10 days, notifying the court that a settlement was reached.
