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