Bill Text: IA SF33 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act providing for mediation in grandparent visitation actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF33 Detail]
Download: Iowa-2011-SF33-Introduced.html
Senate
File
33
-
Introduced
SENATE
FILE
33
BY
JOCHUM
A
BILL
FOR
An
Act
providing
for
mediation
in
grandparent
visitation
1
actions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
600C.2
Mediation.
1
1.
The
district
court
may,
on
its
own
motion
or
on
the
2
motion
of
any
party
provided
notice
under
section
600C.1,
order
3
the
parties
to
participate
in
mediation
in
any
proceeding
4
under
this
chapter,
unless
the
court
determines
that
such
5
mediation
is
not
in
the
best
interest
of
the
child.
Mediation
6
performed
under
this
section
shall
comply
with
the
provisions
7
of
chapter
679C.
The
supreme
court
shall
prescribe
rules
for
8
such
mediation.
9
2.
Mediation
under
this
section
shall
comply
with
all
of
the
10
following
standards:
11
a.
Participation
in
mediation
shall
include
attendance
12
at
a
mediation
session
with
the
mediator
and
the
parties
13
to
the
action,
listening
to
the
mediator’s
explanation
of
14
the
mediation
process,
presentation
of
one
party’s
view
of
15
the
case,
and
listening
to
the
response
of
the
other
party.
16
Participation
in
mediation
does
not
require
that
the
parties
17
reach
an
agreement.
18
b.
The
parties
may
choose
the
mediator,
or
the
court
shall
19
appoint
a
mediator.
A
court-appointed
mediator
shall
meet
the
20
qualifications
established
by
the
supreme
court.
21
c.
Parties
to
the
mediation
have
the
right
to
advice
and
22
presence
of
counsel
at
all
times.
23
d.
The
parties
to
the
mediation
shall
present
any
agreement
24
reached
through
the
mediation
to
their
attorneys,
if
any.
25
A
mediation
agreement
reached
by
the
parties
shall
not
be
26
enforceable
until
approved
by
the
court.
27
e.
The
costs
of
mediation
shall
be
borne
by
the
parties,
28
as
agreed
to
by
the
parties,
or
as
ordered
by
the
court,
and
29
may
be
taxed
as
court
costs.
Mediation
shall
be
provided
on
a
30
sliding
fee
scale
for
parties
who
are
determined
to
be
indigent
31
pursuant
to
section
815.9.
32
3.
The
supreme
court
shall
prescribe
qualifications
for
33
mediators
under
this
section.
The
qualifications
shall
include
34
but
are
not
limited
to
the
ethical
standards
to
be
observed
by
35
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33
mediators.
The
qualifications
shall
not
include
a
requirement
1
that
the
mediator
be
licensed
to
practice
any
particular
2
profession.
3
EXPLANATION
4
This
bill
provides
for
mediation
for
parties
to
an
action
5
regarding
grandparent
or
great-grandparent
visitation.
The
6
bill
provides
that
the
district
court
may,
on
its
own
motion
or
7
on
the
motion
of
any
party,
order
the
parties
to
participate
8
in
mediation
in
a
proceeding,
unless
the
court
determines
9
that
such
mediation
is
not
in
the
best
interest
of
the
child.
10
Mediation
performed
under
the
bill
must
comply
with
the
11
provisions
of
Code
chapter
679C
(mediation).
The
supreme
12
court
is
directed
to
prescribe
rules
for
the
mediation,
and
13
the
bill
specifies
standards
with
which
mediation
provided
14
under
the
bill
must
comply
including
participation
in
the
15
mediation;
the
selection
of
a
mediator;
the
rights
of
the
16
parties
to
the
advice
and
presence
of
counsel
at
all
times;
17
the
presentation
of
any
agreement
and
the
enforceability
of
a
18
mediation
agreement;
the
costs
of
mediation;
and
qualifications
19
for
mediators.
20
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