Text: HF02082 Text: HF02084 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 679D.1 DEFINITIONS.
1 2 As used in this chapter, unless the context requires
1 3 otherwise:
1 4 1. "Mediation" means a process in which an impartial
1 5 person facilitates the resolution of a dispute by promoting
1 6 voluntary agreement of the parties to the dispute. In a
1 7 mediation, the decision-making authority rests with the
1 8 parties. A mediation commences at the time of initial contact
1 9 with a mediator or mediation program and includes all contacts
1 10 between the mediator or a mediation program and any party
1 11 until such time as a resolution is reached by the parties or
1 12 the mediation process concludes.
1 13 2. "Mediation communication" means any communication or
1 14 behavior in connection with a mediation by or between any
1 15 party, mediator, mediation program, or any other person
1 16 present during a mediation.
1 17 3. "Mediation document" means any written material,
1 18 including copies of written material, prepared for the purpose
1 19 of or in the course of, or pursuant to, a mediation,
1 20 including, but not limited to, memoranda, notes, files,
1 21 records, and work product of a mediator, mediation program, or
1 22 party, except that a "mediation document" shall not include
1 23 either of the following:
1 24 a. An agreement by the parties which specifies that the
1 25 mediation documents may be disclosed or enforced.
1 26 b. Summary records of a mediation program necessary to
1 27 evaluate or monitor the performance of the program.
1 28 4. "Mediation program" means a plan or organization
1 29 through which mediators and mediations may be provided.
1 30 5. "Mediator" means an impartial person who facilitates
1 31 the resolution of a dispute between parties in the mediation
1 32 process.
1 33 6. "Party" means a mediation participant other than the
1 34 mediator and may be a person, public officer, corporation,
1 35 association, or other organization or entity, either public or
2 1 private.
2 2 Sec. 2. NEW SECTION. 679D.2 INITIATION OF MEDIATION.
2 3 1. A district court may, on its own motion or by motion of
2 4 any or all parties, refer a case pending before the court to
2 5 mediation under this chapter if the court determines that the
2 6 matter is appropriate for resolution by mediation. The court
2 7 may refer a case to mediation at any time prior to the
2 8 entering of a final order or the granting of a final decree.
2 9 2. The court shall, by written order to all parties,
2 10 notify the parties of its determination to refer the matter to
2 11 mediation. The order shall provide for all of the following:
2 12 a. Appointment of a mediator who meets the requirements in
2 13 section 679D.3.
2 14 b. The maximum number of days that the mediation may
2 15 continue, based upon the relative complexity of the issues
2 16 involved in the case, or other time parameters within which
2 17 the mediation is to operate.
2 18 3. Extensions of time for mediation may be granted by the
2 19 court, upon application to the court by any party in advance
2 20 of the expiration of the time for mediation.
2 21 4. Within ten days after the issuance of the court order
2 22 under this section, any party may file a written objection to
2 23 the referral that details the reasons for the objection. If
2 24 the court finds that the objection establishes a reasonable
2 25 basis for concluding that mediation would not be an
2 26 appropriate method for resolving the case, the court shall
2 27 rescind its order for mediation.
2 28 5. An initial mediation session shall be held no earlier
2 29 than twenty days, but not later than fifty days, after the
2 30 date of the original order for mediation, unless otherwise
2 31 agreed by all parties.
2 32 Sec. 3. NEW SECTION. 679D.3 MEDIATOR QUALIFICATIONS AND
2 33 DUTIES.
2 34 1. a. Prior to providing court-referred mediation
2 35 services, a mediator shall complete a minimum of forty hours
3 1 of classroom training in dispute resolution techniques in a
3 2 course or courses conducted by dispute resolution
3 3 organizations approved by the judicial council, with the
3 4 assistance of the state court administrator.
3 5 b. In addition to the requirements in paragraph "a", a
3 6 mediator shall complete an additional twenty-four hours of
3 7 training in the fields of family dynamics, child development,
3 8 and family law prior to providing mediation services in a case
3 9 relating to a parent-child relationship.
3 10 2. Notwithstanding the requirements of subsection 1, a
3 11 court may, in its discretion, appoint a mediator who does not
3 12 meet the qualifications in subsection 1 if the court bases its
3 13 appointment on other training or experience of the mediator
3 14 that would be beneficial to resolution of the case.
3 15 3. A court-appointed mediator shall encourage and assist
3 16 the parties to the case in reaching a mutually acceptable
3 17 resolution of their dispute through discussion and
3 18 negotiation. The mediator shall not compel or coerce the
3 19 parties into entering into a settlement agreement. The
3 20 mediator shall have no authority to make or impose any
3 21 agreement, adjudication, sanction, or penalty upon the
3 22 parties.
3 23 4. The mediator shall abide by the standards for
3 24 confidentiality in chapter 679C, if enacted by the general
3 25 assembly, and shall be immune from civil liability according
3 26 to the provisions of section 679C.4, if enacted by the general
3 27 assembly.
3 28 5. The mediator shall terminate the mediation process when
3 29 the mediator determines that the parties are unable to agree,
3 30 or when the time frame for mediation established by the court
3 31 has expired, and no extension has been granted. The parties
3 32 shall sign a statement certifying to the court that the
3 33 parties have been unable to reach agreement. The termination
3 34 of mediation shall be without prejudice to any party to the
3 35 proceeding.
4 1 Sec. 4. NEW SECTION. 679D.4 COMPENSATION OF MEDIATOR.
4 2 1. The parties to a case shall bear the costs for a court-
4 3 appointed mediator equally. However, if the court determines
4 4 that a party is unable to pay that party's share of the costs,
4 5 the party shall be charged based upon ability to pay,
4 6 according to a sliding scale. No party shall be ordered to
4 7 pay more than their share of the costs of mediation.
4 8 2. The supreme court may set a reasonable daily fee for
4 9 the services of a mediator appointed under this chapter and
4 10 may establish a sliding scale for payment of costs based upon
4 11 a party's ability to pay.
4 12 Sec. 5. NEW SECTION. 679D.5 REPRESENTATION BY AN
4 13 ATTORNEY.
4 14 A party participating in a mediation under this chapter
4 15 shall have the right to be represented and advised by an
4 16 attorney during the course of mediation.
4 17 Sec. 6. NEW SECTION. 679D.6 EFFECT OF MEDIATION.
4 18 1. If the parties to a case reach a settlement during
4 19 court-referred mediation and execute a written settlement
4 20 agreement, the agreement is enforceable and may be utilized by
4 21 the court in the same manner as any other written settlement
4 22 agreement.
4 23 2. The court may, with agreement of all parties,
4 24 incorporate the terms of the settlement agreement into the
4 25 court's final decree.
4 26 3. A settlement agreement does not affect an outstanding
4 27 court order unless the terms of the agreement address the
4 28 outstanding order and are incorporated into a subsequent
4 29 decree.
4 30 4. Participation in mediation under this chapter shall not
4 31 toll any applicable statute of limitations.
4 32 5. Participation in mediation under this chapter shall not
4 33 toll the running of any other time period under the rules of
4 34 civil procedure unless so ordered by the court.
4 35 Sec. 7. NEW SECTION. 679D.7 RELATION TO OTHER LAWS.
5 1 1. This chapter shall apply to court-referred mediation in
5 2 domestic relations cases to the extent that this chapter is
5 3 not inconsistent with section 598.7A.
5 4 2. This chapter shall not apply to any proceeding:
5 5 a. Conducted under chapter 654A, 654B, or 654C.
5 6 b. Regarding compensation issues under chapter 20 or 86.
5 7 c. Conducted in accordance with chapter 216.
5 8 Sec. 8. NEW SECTION. 679D.8 FORMS AND RULES.
5 9 The supreme court may establish rules, procedures, and
5 10 forms consistent with this chapter, including establishing a
5 11 procedure for identifying and listing qualified mediators,
5 12 setting reasonable mediator's fees, and establishing a sliding
5 13 scale for payment of mediator's fees by persons unable to pay.
5 14 EXPLANATION
5 15 This bill creates a new Code chapter 679D regulating court-
5 16 referred mediation.
5 17 New Code section 679D.1 provides definitions for new Code
5 18 chapter 679D.
5 19 New Code section 679D.2 provides that at any time prior to
5 20 a final order or decree, a court may refer a pending case to
5 21 mediation upon its own motion or upon the motion of any party,
5 22 if the court determines that the case is appropriate for
5 23 resolution by mediation. The court shall issue a written
5 24 order to all parties appointing a mediator who meets certain
5 25 requirements as provided in new Code section 679D.3, and
5 26 establishing the time parameters for the mediation process.
5 27 Any party may object in writing to the referral to mediation
5 28 within 10 days, and if the objection establishes a reasonable
5 29 basis for concluding that mediation would not be appropriate
5 30 for resolving the case, the court shall not refer the case to
5 31 mediation. The mediation may start according to a date agreed
5 32 to by the parties, or otherwise between 20 and 50 days after
5 33 the order for mediation.
5 34 New Code section 679D.3 provides the minimum qualifications
5 35 for a court-appointed mediator, including additional
6 1 requirements for mediators in cases involving a parent-child
6 2 relationship. A court may appoint a mediator who does not
6 3 meet the specified qualifications if the court believes the
6 4 person possesses special knowledge or experience that would be
6 5 beneficial to the resolution of the case. The mediator shall
6 6 assist the parties in reaching agreement, but shall not coerce
6 7 or impose an agreement or penalty on the parties. The
6 8 mediator shall abide by the confidentiality standards in Code
6 9 chapter 679C, as proposed in House File 2025, if enacted. The
6 10 mediator shall terminate the mediation when the mediator
6 11 determines the parties cannot reach agreement, or when the
6 12 time for mediation has expired. Termination shall not
6 13 prejudice the position of any party to the case.
6 14 The parties shall bear the costs of mediation equally. Any
6 15 party participating in a mediation may be represented by an
6 16 attorney. Participation in mediation does not toll any
6 17 applicable statute of limitations, and tolls any other period
6 18 provided for in the rules of civil procedure only if so
6 19 ordered by the court.
6 20 A written settlement agreement reached during mediation
6 21 shall be utilized in the same manner as any other written
6 22 settlement agreement.
6 23 New Code section 679D.7 provides that new Code chapter 679
6 24 does not apply to determining which domestic relations cases
6 25 are appropriate for mediation under Code section 598.7A, and
6 26 does not apply to certain mediations regulated by other
6 27 chapters.
6 28 The supreme court is authorized to set a daily fee for
6 29 mediators, and to establish rules, procedures, and forms
6 30 consistent with the provisions of the new Code chapter,
6 31 including a procedure for identifying and listing qualified
6 32 mediators, and establishing a sliding scale for payment of
6 33 mediation costs by persons unable to pay.
6 34 LSB 3036HH 77
6 35 jls/cf/24
Text: HF02082 Text: HF02084 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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