2016 North Dakota Century Code Title 14 Domestic Relations and Persons Chapter 14-09.1 Contested Child Proceedings Mediation
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CHAPTER 14-09.1
CONTESTED CHILD PROCEEDINGS MEDIATION
14-09.1-01. Purpose.
The purpose of this chapter is, through mediation, to enable the parties in contested child
custody, support, or visitation proceedings to resolve the dispute voluntarily.
14-09.1-02. Mediation authorized - Exception.
In any proceeding involving an order, modification of an order, or enforcement of an order
for the custody, support, or visitation of a child in which the custody or visitation issue is
contested, the court may order mediation at the parties' own expense. The court may not order
mediation if the custody, support, or visitation issue involves or may involve physical or sexual
abuse of any party or the child of any party to the proceeding.
14-09.1-03. Appointment of mediator.
For any mediation ordered under this chapter, the court shall appoint a mediator from a list
of qualified mediators approved by the court.
14-09.1-04. Qualifications of mediators.
The supreme court shall adopt rules establishing the minimum qualifications of a mediator.
To be included on a list of qualified mediators approved by the court, a person must possess the
minimum qualifications.
14-09.1-05. Privacy.
The mediator shall conduct the mediation proceedings in private. The mediator may not
exclude counsel from participation in the mediation proceedings.
14-09.1-06. Confidentiality.
Any communication, verbal or written, in a mediation proceeding under this chapter is
confidential and inadmissible as evidence in any proceeding. A mediator appointed under this
chapter may not be a witness and the notes and work product of the mediator are not subject to
discovery or subpoena in the proceeding in which the contested child custody, support, or
visitation is at issue.
14-09.1-07. Mediation agreement.
The mediator shall reduce to writing any agreement of the parties. The mediator shall inform
the parties of their right to review the agreement with counsel before they sign the agreement.
After the agreement is signed by the parties, the mediator shall present the agreement to the
court. The agreement is not binding upon the parties until approved by order of the court.
14-09.1-08. Failure to agree.
The mediator may report to the court at any time that the parties are unable to reach an
agreement. The mediator may recommend to the court that a full hearing on the custody,
support, or visitation issue be held within thirty days. The mediator may not make a substantive
recommendation to the court concerning the contested issue of custody, support, or visitation.
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