Senate Bill No. 419

Senate Bill No. 419-Senators Titus, Wiener, Adler, Coffin, James, Mathews, McGinness, Neal, Porter, Regan, Schneider, Shaffer and Washington

May 23, 1997
____________

Referred to Committee on Judiciary

SUMMARY--Requires mediation in cases that involve determination of custody or visitation of child. (BDR 3-1350)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to mediation; requiring mediation in cases that involve a determination of custody or visitation of a child; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each district court shall establish a program of mandatory mediation in cases that involve the custody or visitation of a child. Each court shall adopt rules, which must be approved by the supreme court, to implement the program.
2. The rules adopted pursuant to subsection 1 must:
(a) Require the impartial mediation of the issues of custody and visitation and authorize the impartial mediation of any other nonfinancial issue deemed appropriate by the court.
(b) Authorize the court to exclude a case from the program for good cause shown, including, but not limited to, a showing that:
(1) There is a history of child abuse or domestic violence by one of the parties;
(2) The parties are currently participating in private mediation; or
(3) One of the parties resides outside of the jurisdiction of the court.
(c) Provide standards for the training of the mediators assigned to cases, including, but not limited to:
(1) Minimum educational requirements, which must not be restricted to any particular professional or educational training;
(2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;
(3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;
(4) Minimum requirements for continuing education; and
(5) Procedures to ensure that each mediator understands the standard of ethics and confidentiality related to his participation in the program.
(d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the mediation was successful.
(e) Establish a sliding schedule of fees for participation in the program based on the ability of a person to pay.
(f) Provide for the acceptance of gifts and grants offered in support of the program.
(g) Allow the court to refer the parties to a private mediator.
3. The costs of the program must be paid from the account for dispute resolution in each county general fund. All fees, gifts and grants collected pursuant to paragraph (f) of subsection 2 must be deposited in the account.
4. Each district court shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before March 1 of each odd-numbered year. The report must include a summary of the number and types of cases mediated and resolved by the program during the previous biennium, the fees collected by the program and any gifts or grants received by the court or courts to support the program. The report must also contain suggestions for any necessary legislation to improve the effectiveness and efficiency of the program.
5. This section does not prohibit a court from referring a financial or other issue to a special master or other person for assistance in resolving the dispute.
Sec. 2. NRS 4.063 is hereby amended to read as follows:
4.0631. In a county whose population is 100,000 or more, the justice of the peace shall, on the commencement of any action or proceeding in the [justices'] justice's court for which a fee is required, and on the answer or appearance of any party in any such action or proceeding for which a fee is required, charge and collect a fee of $5 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.
2. On or before the first Monday of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to an account for dispute resolution in the county general fund. The money in that account must not be used for purposes other than the program established pursuant to NRS [3.500 or 244.1607.] 244.1607 or section 1 of this act.
3. The board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than $5 to be paid on the commencement of any action or proceeding in the [justices'] justice's court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the justice of the peace shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established [in accordance with NRS 3.500.] pursuant to section 1 of this act.
Sec. 3. NRS 19.0313 is hereby amended to read as follows:
19.03131. In a county whose population is 100,000 or more, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of $5 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.
2. On or before the first Monday of each month , the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for use in a program established [in accordance with NRS 3.500 or 244.1607.] pursuant to 244.1607 or section 1 of this act.
3. The board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than $5 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the county clerk shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established [in accordance with NRS 3.500.] pursuant to section 1 of this act.
Sec. 4. NRS 3.500 is hereby repealed.
Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

TEXT OF REPEALED SECTION

3.500Establishment of programs of mandatory mediation in cases involving custody or visitation of child; report to legislature.
1. In a county whose population is more than 100,000 and less than 400,000, the district court shall establish by rule approved by the supreme court a program of mandatory mediation in cases which involve the custody or visitation of a child. A district court in a county whose population is 100,000 or less may establish such a program in the same manner for use in that county. The district courts in two or more counties whose populations are 100,000 or less may establish such a program in the same manner for use in the counties in which the courts are located.
2. The program must:
(a) Require the impartial mediation of the issues of custody and visitation and any other nonfinancial issue deemed appropriate by the court.
(b) Allow the court to exclude a case from the program for good cause shown, including a showing of a history of child abuse or domestic violence by one of the parties, ongoing private mediation or residency of one of the parties out of the jurisdiction of the court.
(c) Provide standards for the training of the mediators assigned to cases pursuant to the rule, including but not limited to:
(1) Minimum educational requirements, which may not be restricted to any particular professional or educational training;
(2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;
(3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;
(4) Minimum requirements for continuing education; and
(5) Procedures to ensure that potential mediators understand the high standard of ethics and confidentiality related to their participation in the program.
(d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the mediation was successful or not.
(e) Establish a sliding schedule of fees for participation in the program based on the client's ability to pay.
(f) Provide for the acceptance of gifts and grants offered in support of the program.
(g) Allow the court to refer the parties to a private mediator for assistance in resolving the issues.
3. The costs of the program must be paid from the account for dispute resolution in the county general fund. All fees, gifts and grants collected pursuant to this section must be deposited in the account.
4. The district court in any county which has established a program pursuant to this section shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before March 1 of each odd-numbered year. If two or more district courts establish such a program, only one of those courts is required to submit such a report for that program. The report must include a summary of the number and type of cases mediated and resolved by the program during the previous biennium, the fees collected by the program and any gifts or grants received by the court or courts to support the program. The report must also contain suggestions for any necessary legislation to improve the effectiveness and efficiency of the program.
5. This section does not prohibit a court from referring a financial or other issue to a special master or other person for assistance in resolving the dispute.