Text: HF00682                           Text: HF00684
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 683

Partial Bill History

Bill Text

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

Return To Home index


© 2000 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Mon Aug 28 13:36:55 CDT 2000
URL: /DOCS/GA/78GA/Legislation/HF/00600/HF00683/000411.html
jhf