Senate Bill No. 419-Senators Titus, Wiener, Adler, Coffin, James, Mathews, McGinness, Neal, Porter, Regan, Schneider, Shaffer and Washington
May 23, 1997
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Referred to Committee on Judiciary
SUMMARY--Requires establishment of program in certain counties for mediation in cases that involve determination of custody or visitation of child. (BDR 1-1350)
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 the establishment of a program in certain counties for 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 3 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is 400,000 or more, the district court shall establish by rule approved by the supreme court a program of mandatory mediation in cases that involve the custody or visitation of a child.
2. The program 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 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 dispute was resolved.
(e) Establish a sliding schedule of fees for participation in the program based on the ability of a party 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 county general fund. All fees, gifts and grants collected pursuant to this section must be deposited in the county general fund.
4. The 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 that must include:
(a) A summary of the number and types of cases mediated and resolved by the program during the previous biennium;
(b) The fees collected by the program and any gifts or grants received by the court to support the program; and
(c) 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. 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.