Senate Journal: Page 50: Wednesday, January 10, 1996

         Last year, I provided you with some descriptions of the hectic pace
    in our urban courthouses. Rural courts are also overwhelmed. However,
    theres a major difference between court service in a rural courthouse
    and an urban courthouse.  Rural courts do not have the luxury of having
    a judge available each day.

         In Dallas County, just to the west, court service day resembles a
    cattle call with people nervously waiting for hours to have their case
    heard. Criminal matters get top priority. They are heard first. Civil
    cases are heard later in the day only if all criminal matters are
    completed. Its not unusual for court service to continue into the night
    with some matters left unresolved.

         Many cases get bumped until later dates. Recently, I learned of a
    dissolution case pending in Dallas County involving the custody of two
    children. The day before trial, the case was continued because all of
    the judges were busy, presiding over other cases. The family came back
    six weeks later. Again, the day before trial, the case had to be
    continued because the judges were too busy on other matters. Imagine the
    strain on the parents and the children. The case is scheduled again to
    be heard this month. I certainly hope that it can be.

         What can we do to reduce some of this enormous burden and still
    provide the public with an appropriate method for resolving disputes?

         Alternative dispute resolution, such as mediation, is one way to
    reduce our civil caseload. According to the survey which I mentioned
    earlier, this is favored by most Iowans.

         This past year weve been working with our judicial districts and
    private providers to furnish mediation services around the state. Many
    of our busiest courts now offer small claims mediation. Mediation of
    personal injury cases appears to be growing rapidly.

         Mediation of family law cases is not catching on as much as wed
    like to. We dont know why. Educating people on the value of mediation in
    these cases should help. Weve sponsored, with the help of other groups,
    many training programs on the use of mediation in family law cases. We
    hope this training promotes mediation and encourages people to try it.

         Two new family law mediation projects are underway thanks to grants
    from the courts technology fund, which you provided to us two years ago.
    The Johnson County Bar Association and the Sixth Judicial District have
    teamed up to start a court-annexed family mediation program. The Second
    Judicial District and the Center for Creative Justice in Ames are
    working together on a child custody and visitation mediation project to
    divert modification of custody claims from the courts.

         Whether mediation will make a noticeable difference in our caseload
    remains to be seen. However, any progress we make on the civil side is
    overshadowed by the relentless growth in criminal, domestic abuse and
    juvenile cases.

Iowa General Assembly

Index: Senate Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? sjourn@legis.iowa.gov.

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