SLR 4-8.031: PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION

(1) Scope of Dispute Resolution Requirement. In any domestic relations case, all parties are required to participate in some form of appropriate dispute resolution, including mediation, arbitration, judicial settlement conference, or a neutral-assisted settlement conference, regarding each of the following contested issues: (a) Child custody; (b) Parenting time or visitation issues, other than enforcement and status quo; (c) Spousal support final orders and modification orders; and (d) Allocation of assets or debts for General Judgments. (2) Exceptions to the Dispute Resolution Requirement unless there is an order waiving the dispute resolution requirement. Any party may request a waiver of this requirement by following the process outlined in subsection (4) when one of the exceptions outlined in subsections (2) through (2)(b) apply. (a) Cases in which the parties are also parties to a criminal no-contact order or an active protection order, including Family Abuse Prevention Act orders, stalking orders, Elderly Persons and Persons with Disabilities Abuse Prevention Act orders, and Sexual Abuse Protection Act orders; (a) Any matter involving minor children for which there is a pending Juvenile Court matter involving those children, or children of whom the Department of Human Services has been granted temporary or permanent custody or wardship; (3) Limitations on Issues/Claims subject to Dispute Resolution Requirement. The following issues and claims are not subject to the mediation requirement under this rule: (a) Orders of Assistance; (b) Immediate danger (i.e., emergency) custody or parenting time claims; (c) Temporary Protective Orders or Restraint, Status Quo orders, or financial restraining orders; (d) Claims involving child support; (e) Claims involving temporary spousal support; or (f) Enforcement of Parenting Time (4) Waiver of Mediation and Other Resolution Process. A party seeking to waive mediation or other required dispute resolution process must file a motion and proposed order with the court. An order to waive mediation or other required resolution process may be granted on a party’s or the court’s own motion upon a showing of good cause for a waiver. (5) Mediation (b) As indicated in (1) all parties are required to participate in mediation. Any party may request a mediation appointment on issues relating to custody, parenting time, or visitation. All parties must appear for mediation at the scheduled time and cooperate with the Family Resolution Service’s mediation process. (a) If private mediation is sought and the parties are unable to agree on a private mediator or payment of fees of the mediator, any party may file a motion and supporting declaration with the court requesting that the court determine the mediator and payment of fees. (b) The court on its own motion may order mediation or other dispute resolution process for any domestic relations matter involving issues subject to subsection (1). (c) Mediation will not be ordered within a protective order case under any circumstances. (d) Good Faith. The parties must participate in dispute resolution processes in good faith. No such process shall be used by any party for the purposes of harassment or delay.