Text: SF00486 Text: SF00488 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 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 EXPLANATION 7 26 This bill establishes a court-annexed family mediation 7 27 pilot project to be established in each judicial district. 7 28 The project provides for mediation and other services to 7 29 parties involved in domestic relations matters. Participation 7 30 in mediation and other services is required for parties to 7 31 dissolution proceedings. Following the filing of a petition 7 32 for a dissolution of marriage, the parties are required to 7 33 complete an intake fact sheet and a marriage assessment. The 7 34 parties then participate in a marriage assessment with a 7 35 mediator to determine if the marriage is reconcilable. 8 1 Following these steps, the parties are required to participate 8 2 in mediation unless mediation is waived by the court. The 8 3 costs of mediation are to be paid by the parties unless they 8 4 are unable to pay and the cost of court-ordered mediation is 8 5 not to exceed $100 per party. Confidentiality provisions 8 6 apply to information provided during mediation. Following 8 7 mediation, any agreements between the parties are to be 8 8 submitted in writing to the court, following a period for 8 9 review by the parties and attorneys of the parties. The 8 10 marriage assessment and mediation may be waived for several 8 11 reasons including good cause or if a history of domestic abuse 8 12 exists. The bill also directs the chief judge of each 8 13 judicial district to establish certain requirements for the 8 14 projects. 8 15 The bill also provides an appropriation of $1,608,000 8 16 (approximately $201,000 for each judicial district) for 8 17 implementation of the pilot project in each judicial district. 8 18 LSB 2620SV 77 8 19 pf/sc/14
Text: SF00486 Text: SF00488 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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