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FAMILY AND DIVORCE MEDIATIONBy: Joanne Kolebar
I.
Introduction III. Online References Family and divorce mediation is geared as a process that “facilitates the resolution of family disputes by promoting the participants’ voluntary agreement”. Mediation may be a viable course of action, offering the following benefits: 1) provides more control to both parties and enables better communication, 2) focuses on coming to a mutual decision based upon the best interests of the child, and 3) is generally less costly both economically and emotionally. Model Standards of Practice for Family and Divorce Mediation. The Association of Family and Conciliation Courts (“AFCC”) promulgated a unified set of standards for mediators conducting divorce and family matters. This set of standards, known as the Model Standards of Practice for Family and Divorce Mediation, was adopted by the ABA in February 2001. States have taken various approaches to integrating the mediation process with divorce and other family cases, ranging from encouraging voluntary mediation to mandatory court ordered mediation. The Center for Dispute Settlement and the Institute of Judicial Administration has issued guidance to aid courts in developing or expanding their mediation programs. National Standards for Court-Connected Mediation Programs. The following information is intended to provide a general overview of mediation affiliated with family and divorce cases on a state-by-state basis.
AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY Overview The court may order parties to submit to mediation in cases involving a child custody matter. The court may not order mediation if a protective order exists or if a party objects on the grounds of prior domestic violence, unless 1) mediation is requested by the victim of the domestic violence, 2) the mediation is provided by a mediator trained to address the needs and safety where domestic violence is at issue, and 3) the victim is permitted to have a person of their choice at the mediation. Costs of mediation shall be paid by either both or either party or by the state if both parties are indigent. Alaska Statutes § 25.20.080. In general, statements made during mediation are confidential and may not be used as evidence in future proceedings. Alaska Rule of Civil Procedure Rule 100. Specific Programs Mediation Services for Parents - The court provides a voluntary, confidential program to assist parents in creating a parenting plan developed in conjunction with divorce, dissolution, or a custody agreement. This program is subsidized for parents with a combined gross income of $75,000 or less. Child Custody and Visitation Mediation Program. Child in Need - The court may order mediation or a “family group conference” in cases where the child is deemed by the state not to be receiving the “proper care or in a bad situation”. Under this program, the court pays the costs of the facilitator. A Parent’s Guide to the Child in Need of Aid Mediation and Family Group Conferencing Program. Other Information Mediation in the Alaska
Court System – General information and links concerning mediation in the Overview In addition, civil actions, including divorce and dependency actions, may
be eligible to participate in Other Information Alabama
Appellate Mediation Program – PDF forms for appellate mediation program. Overview All family court cases in Other Information To Petition For Pre-Decree Mediation – Instructions and forms available for mediation. To Petition For Post-Decree Mediation – Instructions and forms available for mediation. Overview Specific Programs Arkansas
Access and Visitation Mediation Program - In 1997, Other Information Roster of Certified Circuit Court Mediators – Listed by specialty. Alternative Dispute
Resolution Commission – General information and links for mediation
within the Overview Mediation may be required in divorce cases where custody is in
dispute. California
Code § 1814(b)(8). Such mediation
sessions will be arranged by the court and conducted by trained counselors
that are employees of the court. In
non-custody cases, Other Information Quality of Mediation Process – California Rules of Court Rule 1620.7 outlines guidelines for those conducting mediation. Dependency Mediation Directory – Listing of resources by county. Family
and Juvenile Law - Child Custody/Visitation Mediation – Listing of
reports and studies conducted by the Overview Mediation may be either voluntary or court ordered. Mediation services are provided in
conjunction with Colorado’s
Office of Dispute Resolution. A
reasonable fee may be prescribed by the state’s supreme court to cover the
costs of such services. Federal grant
funds are available for cases involving parenting issues, based upon the
financial status of the parties. Colorado
Revised Statutes Annotated § 13-22-305 and Frequently
Asked Questions Regarding ODR’s Mediation Services. Qualifications
for court mediators are established by Upon consent of all parties, the court may appoint an arbitrator to resolve disputes between parties with minor or dependent children. The arbitration is binding, however it may be modified by either party moving for a de novo review by the court. Colorado Revised Statutes Annotated § 14-10-128.5. Other Information ADR Resource by County – Listing of ADR programs, including divorce mediation, available by county. Colorado
Model Standards of Conduct for Mediators – Voluntary standards
established for mediators in Parenting Time in Colorado Booklet – Comprehensive information, includes a mediation agreement and court forms Family cases involving more than a half-day pretrial conference to settle may be subject to court ordered mediation. In addition, either party may request mediation, subject to the presiding judge’s approval. Court-Annexed Mediation Referral and Order. A mediation program may be established within judicial districts of the superior court, and such programs shall address property, financial, child custody, and visitation issues. Communications made during such mediation proceedings shall be confidential and privileged unless the parties agree otherwise. Connecticut General Statutes §46b-53a and Connecticut Rules for Superior Court §25-61 Family Division. Specific Programs Private ADR Programs for Family Cases Other Information Mediator Program List – Listing of mediators available for court-annexed mediation. Mediation will generally be ordered on issues relating to custodial support or child custody/visitation, and such mediation will be provided by a court support mediator. Delaware Family Civil Rule 16. Mediation may not be ordered where a party to the proceedings was found to have committed an act of domestic violence against the other party, or the party is subject to a restraining order, unless the victim of the domestic violence requests mediation and is represented by counsel. Delaware Code Annotated Title 13, §711A. Other Information Guidelines
for Superior Court Mediation – General information and links concerning
mediation in the Mediator Listing – Mediators approved by the Superior Court by county and area of expertise. Mediation Forms – PDF files for applicable court related mediation forms. All contested family matters are subject to being referred to mediation. Where mediation costs are allocated to the parties, the court will apportion the costs in the referral order. In cases where the mediation program charges a fee, the court may only refer cases to such a program after the court has determined that the parties are financially able to pay such fee. Communications made during mediation are exempt from public record inspection. The parties shall select a certified mediator or another person agreed to by both parties and approved by the presiding judge. If the parties cannot agree upon the mediator within ten days, the court shall appoint a certified mediator. Florida Code Title VI, § 61.183 and Florida Family Law Rule of Procedure Rule 12.740 and 12.741. Florida Rules for Certified and Court-Appointed Mediators Rule 10.100(b) establish the minimum requirements for family mediators. Family mediation programs available vary based on each circuit court. FL Alternative Dispute Resolution Introduction Other Information Advisory Opinion Index – Listing of advisory opinions from Mediator Ethics Advisory Committee Circuit Court
Listing – Links to circuit courts within In counties that have adopted the Georgia Court-Annexed Alternative Dispute Resolution Act, the court may refer all contested matters, related to divorce or permanent alimony, to an appropriate alternative dispute resolution program. In counties without a court established ADR program, the court still may refer parties to an appropriate ADR method if such a method is reasonably available and will not produce additional costs to the parties. Georgia Code § 19-5-1(b), Georgia Code § 15-23-2, and Appendix A - Uniform Rules for Dispute Resolution Programs. Minimum requirements for court approved mediators are established in Appendix B of the Alternative Dispute Resolution Rules. Other Information Georgia Commission on Dispute Resolution – Policy making board appointed by state’s supreme court. General information page with links and program information. Judicial Branch
of Georgia – Listing of individual court websites within Ethical Standards for Neutrals – Standards established by the Georgia Commission on Dispute Resolution for court approved mediators. Mediation is available through the state’s community mediation centers. Hawaii Revised Statutes § 613-2. This program provides volunteer mediators to resolve such issues as child visitation/custody, property distribution, and other family related decisions. Hawaii State Judiciary – Divorce. Mediation may not be conducted where there is evidence of spousal or family abuse, unless 1) the mediation is authorized by the victim of such abuse, 2) mediation is provided in such away to address the safety of the victim, and 3) the victim is permitted to have a support person in attendance at mediation. Hawaii Revised Statutes § 580-41.5. Specific Programs Mediation Center of the Pacific – Information regarding voluntary divorce mediation available in O`ahu. Other Information Guidelines for Hawai’i Mediators – Voluntary court endorsed standards for mediators practicing within the state. Community Mediation Centers – Directory of community mediation centers and contact information by locale. Dispute Resolution Procedures - General information about the ADR programs available through the state. Mediation can be required by the court in cases of controversy regarding custody or visitation of a minor child. Idaho Rules of Civil Procedure Rule 16(j). In addition, the court may order any civil matter to mediation upon: 1) motion by party, 2) at any pre-trial conference, 3) upon consideration for trial where all parties agree that mediation would be helpful, or 4) at any other time the court deems mediation appropriate upon seven days notice to the parties. Idaho Rules of Civil Procedure Rule 16(k). Minimum qualifications for court appointed mediators are established through Idaho Rules of Civil Procedure Rule 16(j)(6). Other Information Idaho Supreme Court Roster of Child Custody Mediators by District – Child custody mediators approved by the Idaho Supreme Court, listed by district. Idaho Supreme Court Roster of Civil Case Mediators - Mediators approved by the Idaho Supreme Court, listed by district. Parties can agree to mediation or move the court to order mediation. Illinois Supreme Court Rule 218(a)(7). In cases of custody disputes of a minor child, the court may also order mediation in determining whether joint custody is appropriate and allowing parties the opportunity to create a Joint Parenting Agreement. 750 Illinois Complied Statutes § 5/602.1(b). Mediation communications are confidential and privileged unless waived by all parties and the mediator, the communication involves a crime that has been or will be committed, or the communications are necessary in the course of malpractice or misconduct proceedings against the mediator. 710 Illinois Compiled States § 35/4, 35/5, and 35/6. Other Information Illinois Circuit Courts – Listing and links to individual circuits within the state. The court has the discretion to order parties to mediation, however the court must balance the ability of the parties to pay for mediation and appropriateness to the given situation. Indiana Code § 31-15-9.1-1 and § 31-17-2.4-1. In a domestic relations case, a party may object to the mediation order within seven days. The Indiana Supreme Court Commission for Continuing Legal Education has established minimum standards for domestic relations mediators in Indiana Rules of Court for Alternative Dispute Resolution Rule 2.5(B). The parties shall select either a registered mediator or, with leave from the court, a non-registered mediator within seven days of the mediation order. If the parties cannot agree on a mediator, the court shall choose three mediators from which each side shall be able to strike one name. Indiana Rules of Court for Alternative Dispute Resolution Rule 2.4. Absent an agreement by the parties, the court shall determine the hourly rate for mediation services and the allocation of the costs between the parties. The litigants’ ability to pay shall be a factor in the court’s determination. Indiana Rules of Court for Alternative Dispute Resolution Rule 2.6. Communications made during mediation are confidential and privileged, subject to the same limitations as settlement negotiations governed by Indiana Evidence Rule 408. Indiana Rules of Court for Alternative Dispute Resolution Rule 2.11. Specific Programs Family
Court Project – The Other Information Indiana Domestic Relations Mediators - Complete listing of certified mediators in domestic relations. Indiana Family Court Project 2004 Report - Non-Adversarial Dispute Resolution and Specialized Services – Information regarding dispute resolution initiatives within the various counties. Mediation
Registration and Certification – Information and forms for mediator
certification in In cases of custody disputes over a minor child, the court may order the parties to mediation, unless the court deems that a history of domestic abuse exists or there is a direct threat of physical harm to either a child or parent involved. Where the court deems it advisable, the court may require the child’s participation in the mediation proceedings. The cost of mediation services will be the responsibility of the parties and taxed as court costs. Iowa Code Chapter 598 §41(d) & (e). Mediation communications shall be confidential, unless otherwise agreed to by both parties or required as a part of a court rule or law. Iowa Court Rule 11.3. Other Information Local Mediation Program Resources – Mediation programs available vary by judicial district. Contact information provided for each district. The court or hearing officer may appoint a mediator to aid the parties in
reaching a mutual agreement in dispute regarding child custody, residency,
visitation, parenting time, division of property or other issues. Kansas
Statutes § 23-601 and §
23-602. Other Information Dispute Resolution Manual
– Comprehensive guide to dispute resolution procedures. Kansas Court Dispute Resolution Page
– Includes general information and forms regarding mediation within the Mediation may be ordered by the court during any part of the proceeding. Kentucky Model Mediation Rule 3. The parties shall agree to a mediator within fifteen days, if the parties cannot agree to a mediator the court will make the selection. Kentucky Model Mediation Rule 5. The cost of mediation shall be equally divided by the parties, unless otherwise agreed by the parties. Kentucky Model Mediation Rule 6. After the initial mediation conference, mediation will only be continued upon agreement by the parties, their counsel and the mediator, unless otherwise ordered by the court. Kentucky Model Mediation Rule 9. Mediation communications shall be confidential and privileged except upon an order from the court for good cause. Kentucky Model Mediation Rule 12. In cases of domestic violence, mediation may not be ordered by the court unless the court finds that the victim voluntarily requests mediation and such action would be realistic and viable given the order sought. Kentucky Revised Statutes § 403.036. Other Information Kentucky Local Rules of Practice - Mediation rules specific to domestic disputes can vary based upon the family court and circuit. Links to local rules by circuit. The court may order mediation in the case of child custody or visitation disputes. The court may order the costs of mediation to be paid jointly by the parties or by either party. Mediation costs may also be taxed as costs of court if no agreement is reached through mediation. Louisiana Revised Statutes Title 9, §332. Other Information Louisiana Courts District Local Rules – Mediation rules are governed by local district court rules. The court has the authority to order the parties to mediation over any matter at any time. Maine Revised Statutes Title 19-A, Chapter 3, §251(1). Mediation is required in the case of contested divorce cases or in matters of dispute over child custody. Maine Rules for the Family Division of the Maine District Court Administrative Order. Sanctions may be imposed in cases where the court deems that one or more parties did not make a good faith effort in mediation efforts or failed to appear at the mediation proceedings. Maine Revised Statutes Title 19-A, Chapter 3, §251(4) and §251(5). A mediation fee of $120.00 is usually divided between the parties. Maine Rules for the Family Division of the Maine District Court Administrative Order. Other Information ADR
Information – General information of dispute resolution in Directory of ADR Neutrals on Superior Court Rosters – Listing of court approved mediators by county. If the court deems it appropriate, the court may order mediation in disputes over child custody or visitation. The court may not order more than two initial mediation sessions. Upon a showing of good cause and recommendation by the mediator, the court may then order an additional two sessions. The court may assess the costs of mediation amongst the parties, or the court may waive mediation costs. Maryland Rule 9-205. With the exception of communications required to prevent serious bodily harm or death, or communications relating to mediator misconduct or neglect, all mediation communications are confidential and privileged. Maryland Rule 17-109. Other Information Department of Family Administration – Mediation - Specific family programs may be available, based upon the services provided by the applicable county. Types of programs available include custody/visitation mediation, marital property mediation and dependency mediation. Local ADR Programs – Listing of the various ADR programs available for family administration matters by county. Maryland
Mediation and Conflict Resolution Office – General information about ADR
in Mediation is a voluntary process in the state of Voluntary domestic relations mediation services are available to parties in the case of disputes over custody and visitation of children. Services available vary by county court. Michigan Compiled Laws §552.513. In general, communications made during mediation are confidential and privileged and may not be used in further proceedings. Michigan Supreme Court Standards of Conduct for Mediators Rule 5. Specific Programs Roster of Courts with Approved Local ADR Plans – Listing of approved or pending ADR programs by court order and county. Other Information Office of Dispute Resolution – Court Rule Mediation Resources and Community Dispute Resolution Materials. State Court Administrative Office Approved Forms for use in ADR – Index of mediation related forms. Standards of Conduct for Mediators – Standards of conduct promulgated by the Michigan Supreme Court for court-connected dispute resolution services. Innovative Mediation Services in Michigan Trial Courts – Includes listing of family services mediation programs. Mediation may be ordered in cases where there is a dispute or unresolved issues surrounding child custody or visitation. In cases of court ordered mediation, the mediator must be appointed by the court. A matter may not be referred to mediation in cases where the court determines that there is probable cause of physical or sexual abuse on the part of either party or the child involved. Minnesota Statutes § 518.619 and Minnesota General Rules of Practice for the District Courts, Rule 310.01. Other Information Minnesota
ADR – General information page regarding ADR in Roster of Certified Mediators – Searchable directory, including family mediators. The court has the authority to direct any civil proceeding to mediation, at which time the parties may file their objections to meditation with the court. The mediation proceedings shall be strictly confidential, subject to limited exceptions. When the court orders mediation, the court shall allocate the costs amongst the parties or tax them as costs of litigation. Mississippi Court Annexed Mediation Rules for Civil Litigation. Based upon the individual court circuit, a mediation program may be available for child custody and visitation disputes. Missouri Supreme Court Rules 88.02. The court may order mediation of any contested child custody or visitation issue. If the parties cannot agree upon a mediator, the court may select the mediator. Missouri Supreme Court Rules 88.04. Mediation may be terminated by either party after two hours. In addition, the mediator may terminate mediation upon a belief that it will be harmful to one party or there is lack of meaningful participation. Missouri Supreme Court Rules 88.07 Court appointed mediators must meet the qualifications set forth by the court. Missouri Supreme Court Rules 88.05. The court may consider the advisability of requiring parties to attend mediation at any point in the proceedings. In addition, any party may request the court to order mediation. Mediation may not be ordered where there is suspicion of physical, emotional or sexual abuse upon either party, or a child of either party. Montana Code Annotated § 40-4-301. Mediators will be chosen from a list compiled by the applicable district court. Montana Code Annotated § 40-4-306. The mediator and parties to the mediation are entitled to confidentiality and such communications may not be used as evidence. Montana Code Annotated § 40-4-303. In matters of dispute over a minor child, a court may refer a case to mediation upon consent of both parties. Mediation referred by the court will be at no cost to the parties involved. Nebraska Statute § 43-2906. Otherwise, mediation fees shall be shared by both parties according to their ability to pay or sliding scale. Nebraska Statute § 43-2911. Mediation will only be appropriate if both parties voluntarily consent to mediation and the case does not involve spousal or child abuse. Nebraska Statute § 43-2904. The mediation proceedings are confidential, with the potential exception of reports of abuse or neglect. Nebraska Statute § 43-2908. The mediation proceedings may be terminated by 1) either party at any time; 2) upon a showing of potential harm to the minor child; 3) upon a showing that the proceedings will not serve the best interest of the minor child; 4) upon a showing of abuse of either party or the minor child; or 4) where there is no reasonable hope that a resolution will be reached. Nebraska Statute § 43-2909. Mediators assigned by the courts must be a court-based conciliation court
counselor, a court-based mediator, a state mediation center mediator as
established by the Office of Dispute Resolution, or a mediator in private
practice, and meet the requirements established by the state of Specific Programs Roster of Mediation
Centers – Listing and links to the six mediation centers created through Other Information Office of Dispute Resolution
– General information and links provided by In counties with a population of 100,000 or more, the district court shall establish a mandatory mediation program that involve dispute over custody or visitation of a minor child. Such programs shall exclude cases where there is a history of domestic or child abuse, the parties are already availing themselves of private mediation, or a party resides outside the jurisdiction of the court. Such programs shall provide for a sliding scale of fees, based upon the party’s ability to pay. Mediators will be prohibited from reporting any information to the court, with the exception of whether the dispute was resolved. In addition, the court shall establish minimum standards of training for mediators involved in such cases. Nevada Revised Statutes § 3.475 and Nevada Revised Statutes § 3.500. Other Information Nevada Courts Directory – Listing of district courts with website links. The court may order mediation in cases involving disputed legal or physical custody of minor children, parental custody, or grandparents visitation rights. In addition, issues pertaining to property settlement, alimony, and child support are also subject to mediation. However, mediation may not be ordered if 1) all parties do not consent; 2) there is a showing of hardship on one of the parties; 3) there are serious allegations of physical or emotional abuse involving either party; 4) there are allegations of abuse or neglect on the part of the minor child; or 5) there is not a suitable mediator available. Mediation proceedings shall be confidential and privileged and may not be used in other court proceedings, unless all parties waive the privilege, the mediator has received information alleging abuse or neglect, the mediator has received information about a felony or misdemeanor that has or is about to occur, or a party is alleged to have made a material misstatement of fact that would otherwise constitute perjury. Where both parties are indigent, the mediator shall be paid a set fee that is established annually by the state supreme court. The court will order each party to pay a proportional amount of this fee. New Hampshire Statutes § 458:15-a and New Hampshire Statutes § 328-C:9. The requirements for certification as a marital mediator are established in New Hampshire Statutes § 328-C:5. Other Information Marital Mediator Certification Board – Listing of current New Hampshire Certified Marital Mediators. Application materials for Marital Mediation Certification – Links to forms and information to become certified in New Hampshire as a marital mediator. NEW Cases involving custody or parenting time issues shall be screened to determine whether the issues are genuine and substantial, at which time the case shall be referred to mediation. Matters may not be referred where there is a preliminary or final order of domestic violence. The mediator or either party may petition to remove the case from mediation based upon a showing of good cause. The mediator and parties can decide whether it is appropriate to include the child in the mediation proceedings. New Jersey Rules of Court Part I, Chapter IV, Rule 1:40-5. Parties shall share equally in the costs of mediation, subject to court review and balance of equity. The mediator is required to contribute the first three hours of service at no costs to the parties, after which time the parties may opt out of mediation. New Jersey Rules of Court Part I, Chapter IV, Rule 1:40-4(b). Mediation communications shall be confidential, unless otherwise consented to by the parties or the mediator believes the disclosure will prevent a participant from committing an illegal act likely to result in death or serious bodily harm. New Jersey Rules of Court Part I, Chapter IV, Rule 1:40-4(c). Mediator qualifications for those participating in custody and parenting time matters are established in New Jersey Rules of Court Part I, Chapter IV, Rule 1:40-12(a)(2). Specific Programs Pilot Program for Mediation of Economic Aspects of Family Law Cases – In Atlantic, Bergen, Burlington, Morris, Ocean, Somerset and Union counties, a pilot program has been introduced to resolve issues surrounding the equitable distribution of marital property and support. Other Information Statewide
Mediation Program – General information about mediation in Each judicial district may establish a domestic relations mediation program that is approved by the state’s supreme court. Parties may request the services of the court to enter such a program, or may be ordered to do so by the court. The fees charged to the parties for such services shall be on a sliding scale approved by the state’s supreme court. New Mexico Statutes Annotated § 40-12-5. Other Information New Mexico Courts – Includes links to each judicial district court. The court may refer parties to Community Dispute Resolution Centers (CDRC) and other community agencies for mediation assistance in martial, custody, and visitation disputes. Mediators through the CDRC are required to complete 42 hours of training as well as apprentice with an experience mediator. ADR in the Family Courts. Specific Programs Supreme
Court Matrimonial Mediation Programs – Within Other Information Community
Dispute Resolution Centers – Listing of community dispute resolution
centers by county. Court-Connected
Alternative Dispute Resolution in New York State – 2003 report describing
ADR resources by district and within family court. The Chief District Court Judge may order parties to mediation in actions involving family financial cases including equitable distribution, child support, alimony, and post-separation support. If a party has been a victim of domestic violence, the party may be excused from physically attending or participating in the mediation process. The parties may choose a court certified mediator or nominate a non-certified mediator. In cases where the parties cannot agree on a mediator or do not take action to choose a mediator, the court shall appoint a certified mediator. Statements made during the mediation process are confidential with exceptions limited to proceedings to enforce a settlement, proceedings to enforce laws concerning elder or juvenile abuse, or sanctions and disciplinary hearings before the State Bar. Court appointed mediators are paid $125.00 per hour for mediation services plus a one time, per case administrative fee of $125.00. The mediation expense shall be paid for by the parties, based upon an agreement between the mediator and the parties. North Carolina General Statutes § 7A-38.4A. Each district may also operate a mandatory mediation program to resolve child custody disputes. Parties must participate in both an orientation and one mediation session. The mediation sessions are confidential and provided at no cost to the parties. Mediation may not be appropriate in cases involving substance abuse, alcoholism, spouse abuse, or child abuse. Communications made during such mediation proceedings shall be confidential with the exception of those in furtherance of a crime or fraud. North Carolina General Statute § 50-13.1 and North Carolina Child Custody Mediation Program. Other Information Standards
of Professional Conduct for Mediators – Standards applicable to all who
conduct mediation within North Carolina. Mediator
Search – Database of mediators by district involved with family financial
cases. Mediator
Certification – Information regarding court certification requirements in
The court may order the parties to submit to mediation in cases of dispute over child custody, visitation or support. The court may not order mediation in cases where there may be an issue of physical or sexual abuse involving either party or a child to either party. The court shall appoint a mediator from a list of qualified mediators. The state’s supreme court shall establish minimum qualifications for mediators. All mediation proceedings are confidential and may not be used in further proceedings. The parties shall bare the cost of mediation. North Dakota Century Code § 14-09.1. North Dakota Supreme Court Rule 8.9 establishes minimum standards for inclusion on the state’s roster of neutrals. Other Information North Dakota Statewide ADR Neutral Roster – Includes listings for family mediation. North Dakota ADR – General information and additional links. The court may order mediation if there is disagreement upon the allocation of parental rights or scheduling of parental time in actions stemming from a divorce, dissolution, legal separation, annulment, or the allocation of parental rights and responsibilities for the care of a child. Mediation procedures are adopted by local rule by the courts. When determining whether mediation is appropriate, the court must consider whether either party has been convicted or plead guilty to charges involving domestic violence against either the other party or child involved. The court may allocate the costs of mediation to the parties, however the parties may petition the court to waive this requirement for one or both parties. Qualifications for mediators may be established by the local court. Mediation proceedings are confidential and information obtained during such proceedings may not be used in further court proceedings with the exception of a criminal, delinquency, child abuse, child neglect, or dependent child action or proceeding. Ohio Revised Code Annotated §3109.05.2. Other Information Ohio
Supreme Court Rule 16 – Qualification of Mediators in Disputes Concerning
Allocation of Parental Rights and Responsibilities – Although each local
court may establish additional qualifications, the state supreme court has
established minimum qualifications for mediators involved in these types of
cases. Dispute
Resolution - Model Standards of Practice for Family and Divorce Mediation
– Developed by The Symposium on Standards of Practice Agreement to Mediate – Sample of form for court connected family law mediation. Ohio Court
Dispute Resolution Section – General information and additional links
regarding mediation in The court may order parties to mediation where property, separate maintenance, or custody is at issue. Mediation may not be appropriate in cases where domestic violence or child abuse has occurred or been asserted. Oklahoma Statutes Annotated §43-107.3. In child support proceedings, either party or the court may move or refer the matter to mediation where there is a failure to cooperate in the exchange of information between the parties. Costs for mediation may be assessed against the party who failed to cooperate, otherwise the court may assess the costs equally or as determined by the court. Oklahoma Statutes Annotated §43-118. Other Information Certified Oklahoma Alternative Dispute Resolution Programs – Listing of programs available and contact information through the state. Each circuit court is charged with providing mediation services to cases
of dispute involving child custody, visitation, and parenting time. Mediation shall be mandatory in these
cases, unless the issues stem from a temporary restraining or temporary
status quo order or a showing of good cause.
Mediation programs must be designed to screen for domestic violence
and provide an opt-out for the parties following the initial mediation
orientation. Oregon Revised Statutes
§107.755. Unless the court
provides for the mediation of financial matters, issues of property division or
spousal or child support shall be outside the scope of mediation. Oregon Revised Statutes
§107.765. Mediation services
provided by the court shall be funded by the county, or the parties may agree
to use services outside the court at their own expense. Mediators provided by the court shall meet
minimum qualifications prescribed by the state Supreme Court. Oregon Revised Statutes
§107.775. Minimum qualifications
for domestic relations custody and parenting mediators are established in Oregon
Uniform Trial Court Rules 12.610.
All information provided as part of mediation proceedings shall be
confidential and privileged, with the limited exclusions enumerated under the
attorney-client privilege or other privileges within Other Information Family Services by
County – Links to resource listing, including mediation services, by
county. The court may establish a mediation program for actions brought under
divorce or child custody. The court
may order the parties to attend a mediation session, however the parties must
agree to mediation before the court can then order the mediation of specific
issues. The court may not order
mediation in a case where either party, or a child of either party, has been
a victim of domestic abuse either during the course of the proceedings or a
period of 24 months prior to the proceedings.
The court may assess additional costs of mediation to either
party. Pennsylvania
Consolidated Statutes Title 23, §3901 – 3904. Minimum qualifications for mediators are
established through the Pennsylvania
Civil Rules of Procedure Rule 1940.4.
If the mediator determines that a resolution cannot be reached through
mediation, or that mediation is an inappropriate forum for the issues
involved, the process may be terminated.
Pennsylvania
Civil Rules of Procedure Rule 1940.6.
Mediators shall be compensated at a rate established by the court, and
shall inform the parties the cost of such services during the orientation
session. Pennsylvania
Civil Rules of Procedure Rule 1940.5 and 1940.7. If a party or attorney fails to comply with
the rules established for mediation, the court may impose sanctions
including, but not limited to, mediation costs and attorney fees. Pennsylvania
Civil Rules of Procedure Rule 1940.8.
Each court shall adopt local rules to address the qualification of
mediators and the confidentiality of the mediation proceedings, however for
programs established after Other Information Voluntary Mediation in Custody Actions – Explanatory comments concerning the rules established to support mediation. Pennsylvania Local Court Rules – Links to local court rules by county. The court may order mediation to resolve issues surrounding custody and visitation of minor children. Communications made during mediation are confidential and privileged and may not be used as evidence in either civil or criminal proceedings. Rhode Island Statutes § 15-5-29. The court may require parties to engage in mediation where there are contested issues of custody or visitation in domestic relations actions. South Carolina Code Annotated § 20-7-420 and South Carolina Family Court Mediation Rule 2. A party may move that the matter be excluded from mediation due to geographic considerations, incapacity of a party, incompetency of a party, spousal abuse, substance abuse, child abuse and prior submission of issues of custody and visitation to voluntary mediation. South Carolina Family Court Mediation Rule 2. Parties will be required to participate in a minimum of three mediation sessions, unless agreement in reached sooner. South Carolina Family Court Mediation Rule 4. In court ordered cases, mediators shall be compensated by the parties at a rate of $100 per hour. Costs shall be shared equally by the parties, unless another agreement is made or ordered by the court. The parties may petition the Chief Judge for Administrative Purposes of the Family Court to be exempt from mediation costs in the case of indigency. South Carolina Family Court Mediation Rule 8. A party’s failure to attend a mediation session, without good cause, may be sanctioned, including but not limited to the payment of attorney's fees, mediator's fees, and expenses incurred by persons attending the conference. South Carolina Family Court Mediation Rule 6. Communications made during mediation shall be confidential and privileged from use in further proceedings, with the exception of threats of harm or attempts to inflict physical harm made during the mediation sessions. South Carolina Family Court Mediation Rule 5. Mediators must apply for certification through the state bar and meet the minimum standards prescribed under South Carolina Family Court Mediation Rule 10. Other Information South Carolina Bar
Alternative Dispute Resolution Commission and Board – Houses Roster of Mediators – Search listings for board-certified mediators within the state. Proposed ADR Rules
for Family Court – Includes a description of proposed changes to the
Family Court Mediation Rules as of Standards
of Conduct for Mediators – Ethical standards applicable to all mediators
within the state of Family Court Mediation Forms – Word and PDF forms applicable to domestic relations mediation. The court shall order mediation in any custody or visitation dispute between parents, unless the court, based upon the circumstances of the case, deems such a proceeding inappropriate. In such cases, the costs of mediation shall be allocated between the parties. South Dakota Codified Laws §25-4-56. Where mediation is ordered by the court, the mediator shall be appointed by the court from a list of qualified mediators maintained by the court. South Dakota Codified Laws §25-4-57. The state supreme court shall establish minimum qualifications for family court mediators, which are provided under South Dakota Codified Laws §25-4-58.1. Mediation communications are confidential, except as otherwise provided by law, court order, or by express consent of both parties. South Dakota Codified Laws §25-4-58.2. Furthermore, any type of communication in a mediation proceeding is inadmissible as evidence in any proceeding. South Dakota Codified Laws §25-4-60. Upon motion by either party, or by court order, a case may be ordered to participate in mediation. Within 15 days the parties must agree to a mediator. If the parties fail to agree the court shall select three and each party will be allowed to strike one, at which point the remaining mediator shall be used. Court mediators for family cases must meet the standards established under Rules of the Supreme Court Rule 31 §17 and abide by the standards of professional conduct established under the same rule. Mediation participant’s conduct or statements is inadmissible as evidence in further proceedings. Mediation costs may be charged as court costs, and upon the court’s discretion waived or reduced. Rules of the Supreme Court of the State of Tennessee Rule 31. In a case involving domestic abuse, mediation may only be ordered if 1) mediation is consented to by the victim of the domestic abuse, 2) mediation is provided by a mediator that is specially trained in domestic/family violence matters, and 3) the victim is permitted the option of having a support person at the mediation process. Tennessee Code § 36-4-131 and Tennessee Code § 36-6-107. Other Information Alternative
Dispute Resolution – General information page for Application for Listing as a Rule 31 Mediator It is the policy of the state to encourage voluntary, peaceful resolution of disputes. Texas Statutes and Code § 154.002. Upon agreement by the parties, or upon court’s motion, a suit for the dissolution of marriage may be referred to mediation. A party may file an objection to mediation due to family violence being committed against the objecting party. Texas Statutes and Code § 6.602. The parties may also file an objection within 10 days after receiving notice of the court ordered mediation, and if the court finds that there is a reasonable basis for the objection may not order mediation. Texas Statutes and Code § 154.022. The minimum qualifications for court appointed mediators are established under Texas Statutes and Code §154.052, and addition requirements are established in the same code section for mediators involved in disputes concerning a parent-child relationship. The court may establish reasonable fees for compensation of the mediator. Unless the parties otherwise agree, such fees shall be included as costs of the suit. Texas Statutes and Code §154.054. Communications made during mediation are confidential and privileged, however the duty to report abuse, exploitation, or neglect still remains. Texas Statutes and Code §154.073. Court annexed alternative dispute resolution is applicable to civil cases filed within the District Court in the Second, Third and Fourth Judicial Districts. All matters will proceed to mediation within 30 days after filing of responsive pleadings unless one or more parties asks the court to defer ADR consideration until a later date, or both parties agree to either binding or non-binding arbitration. If either party believes that mediation is no longer productive, that party may terminate participating in mediation. The parties may select a mediator from a roster maintained by the court. If within 15 days the parties are unable to agree to a mediator, the parties will be allowed to strike up to a certain number of names from the listing, and a mediator shall be chosen from the remaining list. Fees for ADR shall be paid in advance and divided equally amongst the parties, unless otherwise ordered by the court or agreed to by the parties. A party may petition the court to waive part or all the cost of ADR due to financial hardship or other compelling reason. Judicial Council Rules of Judicial Administration Rule 4-510. Minimum requirements for mediators are established in Judicial Council Rules of Judicial Administration Rule 4-510(3). Specific Programs Co-Parenting Mediation
Program – A pilot program was introduced in Co-Parenting Mediation Program Forms and Statutes – Provides links to forms and roster of mediators. Other Information Court-Annexed ADR Programs – General information and links concerning state’s court-annexed ADR programs. Roster of
Court-Annexed Mediators – List of mediators by specialty that have
completed the requirements established under ADR Deferral Notice – Request to defer participation in court-annexed ADR program. Court mediation programs exist as a voluntary solution to aid in resolving conflicts that arise during separation or divorce. Family Mediation Info Page. The mediation process is generally confidential, and any exceptions to that confidentiality should be explained by the mediator before the process begins. Family Mediation Info Page – About Mediators. Mediators are generally compensated by the parties on an hourly basis, however a party may be eligible for up to eight hours of subsidized mediation determined on a sliding scale basis. Family Mediation Info Page – Costs and Subsidized Mediation. Vermont Family Court contracted mediators must comply with the minimum standards established under the program. About Mediators. Other Information Vermont Family Court Mediation Program – General information page with links. Mediator Listing – Listing of mediators contracted through the Vermont Courts. Discovery/Alternate Dispute Resolution Stipulation & Order – PDF file form for Superior Court. Alternate Dispute Resolution Report – PDF file form for Superior Court. The court may refer the parties to a custody/visitation dispute resolution evaluation to be conducted by a certified mediator. When making such an order, the court must take into consideration whether there is a history of family abuse. Mediation provided through this program will be provided at no cost to the parties. Code of Virginia § 20-124.4. The Judicial Council of Virginia promulgates minimum qualifications for mediators. Guidelines for the Training and Certification of Court-Referred Mediators. In general, communications made during mediation are confidential and may only be disclosed where 1) all parties agree in writing; 2) it includes discoverable items not specifically prepared for use or used in the mediation sessions; 3) communications involve threats of bodily injury; 4) communications are regarding the committing of a crime; or 5) communications are during the scope of proceedings involving ethical or civil claims arising between a party and mediator. In addition, financial information, child support guideline worksheets, and written reasons specifying a deviation from those guidelines shall be disclosed to the other party in cases involving the computation of child support of a minor child. Code of Virginia § 8.01-576.10. Other Information Standards of Ethics
and Professional Responsibility for Certified Mediators – Adopted by the
Judicial Council of Master List of Court Certified Mediators by Circuit – Links to mediators by circuit. Virginia Association of Community Conflict Resolution – Links to websites for individual community resources where available. Forms Commonly Used by the Mediation Community – Links useful to certified, or those seeking certification, as a mediator. Mediation Referral Forms – Copies of forms used by courts to refer parties to mediation. Dispute Resolution
through Mediation – General informational site for mediation in Any matter involving legal separation and the custody/visitation of a minor child may be subject to mediation. Revised Code of Washington § 26.09.184. The work product and communications made during mediation will be confidential and privileged. A court mediator may be a professional staff member of the court, mental health services agency, or other person or agency designated by the court. Revised Code of Washington § 26.09.015. A court shall not order dispute resolution if it finds that a party is unable to afford the cost of such services or if a party has engaged in abandonment, domestic, physical, sexual or emotional abuse against the child. Revised Code of Washington § 26.09.191 and 26.09.187. Financial sanctions including attorney’s fees may be imposed upon a party who the court deems has frustrated the dispute resolution process. Revised Code of Washington § 26.09.184. Other Information Washington State Dispute Centers – Listing by county of voluntary dispute resolution centers. Local Court Rules – Links to local superior court rules and/or websites. Dispute resolution programs for family matters vary by county. In cases of dispute over the custody or decision making authority of a minor child, the court may order the parties to submit to mediation. The court may determine that mediation is inappropriate due to the presence of domestic or child abuse, substance abuse, mental illness or other elements that may impact the safety or ability for a party to make voluntary decisions. Communications made during mediation shall be confidential, with the exception of information received concerning domestic or child abuse. Mediation services will be compensated on an hourly basis, determined by a sliding scale based upon the parties’ financial circumstances. If there is a disparity between the parties ability to pay, the court may order one party to pay some or all of the expenses of the other party. The state’s supreme court of appeals shall establish minimum standards for qualification and training of mediators. West Virginia Code § 48-9-202 and State of West Virginia Rules of Practice and Procedure for Family Court, Rules 37-45. The state’s supreme court of appeals has delegated the task of establishing minimum standards for qualification and training of mediators to the West Virginia State Bar. The West Virginia Trial Court Rules §25.04. Other Information Family Court-Ordered Mediation in West Virginia – General information page on family mediation services. Uniform Sliding Scale For Mediation Fees – Chart of mediation rate based upon parties’ combined gross income. |
