Text: HF00682 Text: HF00684 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 683 1 2 1 3 AN ACT 1 4 RELATING TO MEDIATION SERVICES RELATED TO CUSTODY, VISITATION, 1 5 AND SUPPORT OF A CHILD, AND PROVIDING EFFECTIVE DATES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. INTENT OF THE GENERAL ASSEMBLY. It is the 1 10 intent of the general assembly that parties to family law 1 11 actions maintain responsibility for their decision making, 1 12 improve their communications concerning their children, and 1 13 commit themselves to the decisions they reach. The best 1 14 interests of children are normally served through maintenance 1 15 of maximum contact with both parents, with a minimum of 1 16 parental conflict. 1 17 Because research demonstrates that parental conflict may 1 18 result in emotional and psychological damage to parties and 1 19 their children, the general assembly finds that mediation 1 20 should be utilized to the greatest extent possible in the 1 21 resolution of domestic relations disputes in this state. 1 22 Sec. 2. Section 598.7A, Code 1999, is amended by striking 1 23 the section and inserting in lieu thereof the following: 1 24 598.7A MEDIATION. 1 25 1. The district court may, on its own motion or on the 1 26 motion of any party, order the parties to participate in 1 27 mediation in any dissolution of marriage action or other 1 28 domestic relations action. Mediation performed under this 1 29 section shall comply with the provisions of chapter 679C. The 1 30 provisions of this section shall not apply if the action 1 31 involves a child support or medical support obligation 1 32 enforced by the child support recovery unit. The provisions 1 33 of this section shall not apply to actions which involve 1 34 domestic abuse pursuant to chapter 236. The provisions of 1 35 this section shall not affect a judicial district's or court's 2 1 authority to order settlement conferences pursuant to rules of 2 2 civil procedure. The court shall, on application of a party, 2 3 grant a waiver from any court-ordered mediation under this 2 4 section if the party demonstrates that a history of domestic 2 5 abuse exists as specified in section 598.41, subsection 3, 2 6 paragraph "j". 2 7 2. The supreme court shall establish a dispute resolution 2 8 program in family law cases that includes the opportunities 2 9 for mediation and settlement conferences. Any judicial 2 10 district may implement such a dispute resolution program, 2 11 subject to the rules prescribed by the supreme court. 2 12 3. The supreme court shall prescribe rules for the 2 13 mediation program, including the circumstances under which the 2 14 district court may order participation in mediation. 2 15 4. Any dispute resolution program shall comply with all of 2 16 the following standards: 2 17 a. Participation in mediation shall include attendance at 2 18 a mediation session with the mediator and the parties to the 2 19 action, listening to the mediator's explanation of the 2 20 mediation process, presentation of one party's view of the 2 21 case, and listening to the response of the other party. 2 22 Participation in mediation does not require that the parties 2 23 reach an agreement. 2 24 b. The parties may choose the mediator, or the court shall 2 25 appoint a mediator. A court-appointed mediator shall meet the 2 26 qualifications established by the supreme court. 2 27 c. Parties to the mediation have the right to advice and 2 28 presence of counsel at all times. 2 29 d. The parties to the mediation shall present any 2 30 agreement reached through the mediation to their attorneys, if 2 31 any. A mediation agreement reached by the parties shall not 2 32 be enforceable until approved by the court. 2 33 e. The costs of mediation shall be borne by the parties, 2 34 as agreed to by the parties, or as ordered by the court, and 2 35 may be taxed as court costs. Mediation shall be provided on a 3 1 sliding fee scale for parties who are determined to be 3 2 indigent pursuant to section 815.9. 3 3 5. The supreme court shall prescribe qualifications for 3 4 mediators under this section on or before January 1, 2001. 3 5 The qualifications shall include but are not limited to the 3 6 ethical standards to be observed by mediators. The 3 7 qualifications shall not include a requirement that the 3 8 mediator be licensed to practice any particular profession. 3 9 Sec. 3. SUPREME COURT REPORT. The supreme court shall 3 10 submit a report to the general assembly by January 1, 2001, 3 11 which shall include any recommendations for implementing, 3 12 modifying, and funding this Act. 3 13 Sec. 4. EFFECTIVE DATE. This Act takes effect July 1, 3 14 2001, except that section 3 of this Act takes effect upon 3 15 enactment. 3 16 3 17 3 18 3 19 BRENT SIEGRIST 3 20 Speaker of the House 3 21 3 22 3 23 3 24 MARY E. KRAMER 3 25 President of the Senate 3 26 3 27 I hereby certify that this bill originated in the House and 3 28 is known as House File 683, Seventy-eighth General Assembly. 3 29 3 30 3 31 3 32 ELIZABETH ISAACSON 3 33 Chief Clerk of the House 3 34 Approved , 2000 3 35 4 1 4 2 4 3 THOMAS J. VILSACK 4 4 Governor
Text: HF00682 Text: HF00684 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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