House Study Bill 589 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SWAIM) A BILL FOR An Act relating to mediation in domestic relations actions. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5712HC (2) 83 pf/nh
H.F. _____ Section 1. Section 598.7, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. The district court may, on its own motion or on the 3 motion of any party, order the parties to participate in 4 mediation in any dissolution of marriage action or other 5 domestic relations action and shall order the parties to 6 participate in mediation in any dissolution of marriage action 7 or other domestic relations action in which the welfare of 8 a minor child of the parties may be affected . Mediation 9 performed under this section shall comply with the provisions 10 of chapter 679C. The provisions of this section shall not 11 apply if the action involves a child support or medical support 12 obligation enforced by the child support recovery unit. The 13 provisions of this section shall not apply to actions which 14 involve domestic abuse pursuant to chapter 236. The provisions 15 of this section shall not affect a judicial district’s or 16 court’s authority to order settlement conferences pursuant to 17 rules of civil procedure. The court shall, on application 18 of a party, grant a waiver from any court-ordered mediation 19 under this section if the party demonstrates that a history 20 of domestic abuse exists as specified in section 598.41, 21 subsection 3, paragraph “j” . 22 EXPLANATION 23 This bill directs the district court to order the parties in 24 any dissolution of marriage action or other domestic relations 25 action, in which the welfare of a minor child of the parties 26 may be affected, to participate in mediation. Current law 27 provides that the mediation shall comply with the provisions 28 of Code chapter 679C, the uniform mediation Act, and that the 29 ordered mediation does not apply if the action involves a child 30 support or medical support obligation enforced by the child 31 support recovery unit; the action involves domestic abuse; or 32 on application of a party, if the party demonstrates that a 33 history of domestic abuse exists. 34 -1- LSB 5712HC (2) 83 pf/nh 1/ 1