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1 1 Section 1. COURT-ANNEXED FAMILY MEDIATION PILOT PROJECT.
1 2 1. As used in this section, unless the context otherwise
1 3 requires:
1 4 a. "Court-annexed mediation" means mediation provided by
1 5 mediators employed by the district court.
1 6 b. "Court-annexed mediation services" includes court-
1 7 annexed mediation, marriage assessment, and any other services
1 8 provided through the court-annexed mediation pilot project to
1 9 parties involved in domestic relations matters.
1 10 c. "Court-annexed mediator" means a person employed by the
1 11 district court to provide mediation services.
1 12 d. "Court-ordered mediation" means mediation in which
1 13 participation is required by the court for any party to a
1 14 dissolution of marriage proceeding before the court and for
1 15 any party in any other proceeding before the court for which
1 16 the court determines mediation is necessary.
1 17 e. "Intake fact sheet" means the form developed by the
1 18 chief judge of the judicial district to be completed by any
1 19 party requesting participation in or ordered by the court to
1 20 participate in mediation services, to determine the necessity
1 21 for and types of services needed by a party in resolving an
1 22 issue in dispute.
1 23 f. "Marriage assessment" means an evaluation of the
1 24 possibility of reconciliation of the parties to a marriage,
1 25 which is performed by a mediator.
1 26 g. "Mediation" means the process in which a neutral third
1 27 party acts to encourage and facilitate the resolution of a
1 28 dispute between two or more parties, in an informal and
1 29 nonadversarial manner, with the objective of assisting the
1 30 disputing parties in reaching a mutually acceptable and
1 31 voluntary agreement regarding the issue in dispute. Mediation
1 32 may include, but is not limited to, assisting parties to the
1 33 mediation in identifying issues, fostering joint problem-
1 34 solving, and exploring settlement alternatives.
1 35 h. "Mediator" means a person providing mediation services.
2 1 If a person is providing court-annexed or court-ordered
2 2 mediation services, the person shall meet the qualifications
2 3 established by the chief judge of the judicial district.
2 4 2. The state court administrator, in consultation with the
2 5 judicial council, shall develop and implement a court-annexed
2 6 mediation pilot project in each judicial district. The pilot
2 7 project shall be implemented by January 1, 1998. The judicial
2 8 council shall submit a report to the governor and to the
2 9 general assembly which provides an evaluation of the pilot
2 10 projects by January 15, 1999.
2 11 3. The pilot projects shall be based upon all of the
2 12 following:
2 13 a. Court-annexed mediation services are to be used for the
2 14 mediation of family matters, marriage assessment, and related
2 15 domestic relations issues. All domestic relations matters
2 16 which come before the court, with the exception of child
2 17 support recovery, shall be directed to court-annexed mediation
2 18 services. Additionally, any party wishing assistance in
2 19 resolution of a domestic relations matter may request
2 20 participation in court-annexed mediation services. The
2 21 services shall include assistance and mediation that are
2 22 specific to the individual family situation, with a focus on
2 23 primary interventions that promote family unity and parental
2 24 decision-making, to the extent possible. The purposes of
2 25 mediation are to reduce acrimony between the parties and to
2 26 develop parental responsibility.
2 27 b. Court-annexed mediation services shall be accessible to
2 28 all parties to a domestic relations matter regardless of
2 29 financial or marital status. Parties who do not have a
2 30 domestic relations matter pending before the court for which
2 31 the court orders mediation services, may request and be
2 32 provided court-annexed mediation services at a cost which is
2 33 based on a sliding-fee schedule.
2 34 c. Following the filing of a petition for dissolution of
2 35 marriage, all of the following shall apply:
3 1 (1) All parties shall complete an intake fact sheet and a
3 2 marriage assessment. The court-annexed mediator shall review
3 3 the intake fact sheet to schedule a marriage assessment,
3 4 mediation of temporary matters, and mediation of permanent
3 5 residential arrangements and parenting responsibilities. The
3 6 mediator who reviews the intake fact sheet shall not mediate
3 7 the matters of the parties identified in the intake fact
3 8 sheet.
3 9 (2) A joint marriage assessment shall be conducted to
3 10 determine if the marriage is reconcilable and the mediator
3 11 shall recommend community resources that the parties may
3 12 utilize to reconcile the marriage. The joint marriage
3 13 assessment shall be completed within thirty days of the filing
3 14 of the answer to the petition. The parties may request that
3 15 the marriage assessment be performed by a private mediator in
3 16 lieu of provision of services by a court-annexed mediator. If
3 17 an assessment with a private mediator has not been scheduled
3 18 by the parties within thirty days of the filing of the answer
3 19 to the petition, the court shall schedule an assessment with a
3 20 court-annexed mediator.
3 21 (3) A certificate of completion of the marriage assessment
3 22 shall be filed by the mediator with the clerk of district
3 23 court. Following filing of the certificate, the court shall
3 24 determine whether a stay of the proceedings or mediation shall
3 25 be ordered. Additionally, a stay of the proceedings may be
3 26 requested by the parties at any time. If a stay is requested,
3 27 a schedule shall be established to allow for utilization of
3 28 community resources and mediation services. The court may
3 29 also stay the proceedings at any time until a date certain.
3 30 (4) A joint marriage assessment may be waived by the court
3 31 for good cause, if the court identifies a history of domestic
3 32 abuse between the parties, or if a party requests waiver of
3 33 the joint marriage assessment.
3 34 (5) Prior to a hearing on the petition and following
3 35 completion of the joint marriage assessment, unless mediation
4 1 is waived by the court, the parties shall participate in
4 2 mediation. The parties may request, within forty days of the
4 3 filing of the answer to the petition, that mediation be
4 4 provided by a private mediator at the expense of the parties,
4 5 in lieu of provision of mediation services by the court-
4 6 annexed mediator. However, if private mediation services are
4 7 provided, the court may also require participation of the
4 8 parties in additional mediation provided by a court-annexed
4 9 mediator.
4 10 (6) Court-ordered mediation may be waived by the court for
4 11 good cause, if the court determines that a history of domestic
4 12 abuse exists between the parties, if a party requests waiver
4 13 of court-ordered mediation, or if the court-annexed mediator
4 14 determines that the case is inappropriate for mediation. The
4 15 court order for mediation may include a schedule for
4 16 participation in mediation and may require the mediator to
4 17 file reports with the court. Additionally, if the court or
4 18 the mediator determines that joint sessions are not in the
4 19 best interest of the parties, the parties may participate in
4 20 mediation separately until such time as the mediator
4 21 determines that joint sessions are in the best interest of the
4 22 parties. Failure to participate in court-ordered mediation
4 23 may result in dismissal or stay of the proceedings.
4 24 (7) The costs of court-ordered mediation including the
4 25 costs of the services of the mediator shall be taxed as court
4 26 costs. If the court determines that the parties are unable to
4 27 pay all or a portion of the costs of court-ordered mediation,
4 28 the court may waive or reduce the costs of the mediation
4 29 services. The parties may resolve the issue of payment of
4 30 mediation costs during mediation. The costs of court-ordered
4 31 mediation shall not exceed one hundred dollars per party.
4 32 (8) During court-ordered mediation, the parties shall
4 33 disclose all relevant information. However, evidence of the
4 34 conduct or statements made in the course of court-ordered
4 35 mediation shall be inadmissible in court to the extent that
5 1 such conduct or statements are inadmissible pursuant to the
5 2 Iowa rule of evidence regarding compromise and offers to
5 3 compromise.
5 4 (9) A mediator shall maintain the confidentiality of the
5 5 court-ordered mediation proceedings unless otherwise required
5 6 by law to disclose the information including adherence to the
5 7 confidential communication provisions under section 622.10. A
5 8 party participating in court-ordered mediation may refuse to
5 9 disclose and may prevent any other person present at the court
5 10 proceeding from disclosing communications made during the
5 11 mediation proceedings. Any oral or written communications
5 12 resulting from court-ordered mediation proceedings, with the
5 13 exception of any settlement agreement, shall remain
5 14 confidential and are inadmissible as evidence in any
5 15 subsequent legal proceeding. A mediator shall not be called
5 16 upon to testify or to make recommendations during the court
5 17 proceedings. However, confidential information may be
5 18 disclosed in a disciplinary proceeding involving the mediator
5 19 for the internal use of the examining board investigating any
5 20 complaint against a mediator, and any information relating to
5 21 the disciplinary action shall not be released to the public
5 22 until all references to privileged information are removed.
5 23 (10) Any attorney of a party may appear with the party
5 24 during the court-ordered mediation proceedings. However, at
5 25 the discretion of the mediator, and with the agreement of the
5 26 parties, court-ordered mediation proceedings may take place in
5 27 the absence of the attorneys.
5 28 (11) Court-ordered mediation shall be completed within
5 29 seventy-five days of the initial meeting for court-ordered
5 30 mediation services unless otherwise ordered by the court.
5 31 (12) Following court-ordered mediation, if an agreement is
5 32 reached on any issue or matter, the mediator shall reduce the
5 33 agreement to writing and shall provide a copy of the agreement
5 34 to the clerk of the district court. The clerk shall forward a
5 35 copy of the agreement to any attorneys of record or to any
6 1 party appearing pro se. If no written objections or suggested
6 2 alternatives to the agreement are received by the clerk within
6 3 twenty days of the mailing of the agreement, the document
6 4 shall be forwarded to the court by the clerk for review. The
6 5 court shall enter the agreement as proposed or shall schedule
6 6 a hearing. The agreement shall be made part of the final
6 7 judgment or order in the case. A copy of the final judgment
6 8 or order shall be sent by the clerk to any attorney of record
6 9 or to any party appearing pro se.
6 10 (13) If the parties fail to reach an agreement on any
6 11 issue or matter of court-ordered mediation, the mediator shall
6 12 report the lack of agreement to the court. The mediator's
6 13 report shall identify any unresolved issues and any
6 14 outstanding issues which might facilitate settlement, if
6 15 resolved. Any issue or matter unresolved through court-
6 16 ordered mediation shall be presumed to require court
6 17 intervention and shall be addressed at a hearing before the
6 18 court. The mediator's report shall also indicate whether both
6 19 parties attended any mediation sessions, whether the issues
6 20 were completely or partially settled, and any recommendations
6 21 for review by the court.
6 22 (14) During the period of court-ordered mediation, the
6 23 court may appoint an attorney, guardian ad litem, or court-
6 24 appointed special advocate to represent the interests of any
6 25 minor child or to perform investigations pursuant to section
6 26 598.12.
6 27 (15) Unless stipulated by the parties or ordered by the
6 28 court, discovery shall not be suspended during the court-
6 29 ordered mediation process.
6 30 d. Parties who do not have a matter pending before the
6 31 court who wish to participate in court-annexed mediation
6 32 services, may request participation in these services.
6 33 Services shall be provided to the parties based upon a
6 34 sliding-fee schedule. Any agreements reached by the parties
6 35 shall be reduced to writing by the mediator and copies of any
7 1 written agreement shall be provided to the parties.
7 2 e. The court may also order participation in court-annexed
7 3 mediation services for parties to proceedings before the court
7 4 in addition to divorce proceedings.
7 5 f. The chief judge of each judicial district shall do all
7 6 of the following:
7 7 (1) Establish the qualifications for mediators who are to
7 8 provide court-annexed or court-ordered mediation.
7 9 (2) Establish a sliding fee schedule for the provision of
7 10 court-annexed mediation services to parties who do not have
7 11 domestic relations matters pending before the court.
7 12 (3) Employ court-annexed mediators.
7 13 (4) Develop an intake fact sheet to be completed by the
7 14 parties who are subject to participation in court-ordered
7 15 mediation and parties who request participation in court-
7 16 annexed mediation services.
7 17 Sec. 2. MEDIATION PILOT PROJECT – APPROPRIATION. There
7 18 is appropriated from the general fund of the state to the
7 19 judicial department for the fiscal year beginning July 1,
7 20 1997, and ending June 30, 1998, the following amount, or so
7 21 much thereof as is necessary, for the following purpose:
7 22 For implementation of a court-annexed family mediation
7 23 pilot project in each judicial district of the state:
7 24 .................................................. $ 1,608,000
7 25
7 26 EXPLANATION
7 27 This bill establishes a court-annexed family mediation
7 28 pilot project to be established in each judicial district.
7 29 The project provides for mediation and other services to
7 30 parties involved in domestic relations matters. Participation
7 31 in mediation and other services is required for parties to
7 32 dissolution proceedings. Following the filing of a petition
7 33 for a dissolution of marriage, the parties are required to
7 34 complete an intake fact sheet and a marriage assessment. The
7 35 parties then participate in a marriage assessment with a
8 1 mediator to determine if the marriage is reconcilable.
8 2 Following these steps, the parties are required to participate
8 3 in mediation unless mediation is waived by the court. The
8 4 costs of mediation are to be paid by the parties unless they
8 5 are unable to pay and the cost of court-ordered mediation is
8 6 not to exceed $100 per party. Confidentiality provisions
8 7 apply to information provided during mediation. Following
8 8 mediation, any agreements between the parties are to be
8 9 submitted in writing to the court, following a period for
8 10 review by the parties and attorneys of the parties. The
8 11 marriage assessment and mediation may be waived for several
8 12 reasons including good cause or if a history of domestic abuse
8 13 exists. The bill also directs the chief judge of each
8 14 judicial district to establish certain requirements for the
8 15 projects.
8 16 The bill also provides an appropriation of $1,608,000
8 17 (approximately $201,000 for each judicial district) for
8 18 implementation of the pilot project in each judicial district.
8 19 LSB 2620SS 77
8 20 pf/sc/14
Text: SF00349 Text: SF00351 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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