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
© 2000 Cornell College and League of Women Voters of Iowa
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