S.F. 34 Section 1. Section 598.41, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. a. Any order awarding joint custody 3 of a child may require the parents to participate in mediation 4 subsequent to the granting of the award, at the request of 5 either party, or if the court determines that participation by 6 the parents in mediation is in the best interest of the child. 7 b. The court shall not require participation in mediation if 8 the court determines that a history of domestic abuse exists as 9 specified in subsection 3, paragraph “j” , or unless the court 10 determines that direct physical harm or significant emotional 11 harm to the child, other children, or a parent is likely to 12 result. 13 c. Mediation performed under this subsection shall comply 14 with the provisions of chapter 679C. 15 d. The costs of mediation shall be borne by the parties, as 16 agreed to by the parties, or as ordered by the court, and may be 17 taxed as court costs. Mediation shall be provided on a sliding 18 scale for parties who are determined to be indigent pursuant 19 to section 815.9. 20 EXPLANATION 21 This bill provides that in any order awarding joint custody 22 of a child, the court may require the parents to participate in 23 mediation subsequent to the granting of the order, if either 24 parent so requests or if the court determines that it is in 25 the best interest of the child. Participation is not to be 26 required if a history of domestic abuse exists, or if the court 27 determines that direct physical harm or significant emotional 28 harm to the child, other children, or a parent is likely to 29 result. Mediation is to comply with the provisions of Code 30 chapter 679C (Mediation) and the costs of mediation are to be 31 borne by the parties as agreed to by the parties, or as ordered 32 by the court. Mediation is to be provided on a sliding fee 33 schedule for those determined to be indigent. 34 -1- LSB 1685XS (2) 84 pf/nh 1/ 1