SENATE FILE 33

BY  JOCHUM

A BILL FOR

An Act providing for mediation in grandparent visitation actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  600C.2  Mediation.
   1.  The district court may, on its own motion or on the motion of any party provided notice under section 600C.1, order the parties to participate in mediation in any proceeding under this chapter, unless the court determines that such mediation is not in the best interest of the child. Mediation performed under this section shall comply with the provisions of chapter 679C. The supreme court shall prescribe rules for such mediation.
   2.  Mediation under this section shall comply with all of the following standards:
   a.  Participation in mediation shall include attendance at a mediation session with the mediator and the parties to the action, listening to the mediator’s explanation of the mediation process, presentation of one party’s view of the case, and listening to the response of the other party. Participation in mediation does not require that the parties reach an agreement.
   b.  The parties may choose the mediator, or the court shall appoint a mediator. A court-appointed mediator shall meet the qualifications established by the supreme court.
   c.  Parties to the mediation have the right to advice and presence of counsel at all times.
   d.  The parties to the mediation shall present any agreement reached through the mediation to their attorneys, if any. A mediation agreement reached by the parties shall not be enforceable until approved by the court.
   e.  The costs of mediation shall be borne by the parties, as agreed to by the parties, or as ordered by the court, and may be taxed as court costs. Mediation shall be provided on a sliding fee scale for parties who are determined to be indigent pursuant to section 815.9.
   3.  The supreme court shall prescribe qualifications for mediators under this section. The qualifications shall include but are not limited to the ethical standards to be observed by mediators. The qualifications shall not include a requirement that the mediator be licensed to practice any particular profession.
EXPLANATION
   This bill provides for mediation for parties to an action regarding grandparent or great-grandparent visitation. The bill provides that the district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in a proceeding, unless the court determines that such mediation is not in the best interest of the child. Mediation performed under the bill must comply with the provisions of Code chapter 679C (mediation). The supreme court is directed to prescribe rules for the mediation, and the bill specifies standards with which mediation provided under the bill must comply including participation in the mediation; the selection of a mediator; the rights of the parties to the advice and presence of counsel at all times; the presentation of any agreement and the enforceability of a mediation agreement; the costs of mediation; and qualifications for mediators.