(1) In addition to
the appointment of a parenting coordinator pursuant to section 14-10-128.1 or an
arbitrator pursuant to section 14-10-128.5, at any time after the entry of an order
concerning parental responsibilities and upon written consent of both parties, the
court may appoint a qualified domestic relations decision-maker and grant to the
decision-maker binding authority to resolve disputes between the parties as to
implementation or clarification of existing orders concerning the parties' minor or
dependent children, including but not limited to disputes concerning parenting
time, specific disputed parental decisions, and child support. A decision-maker shall
have the authority to make binding determinations to implement or clarify the
provisions of a pre-existing court order in a manner that is consistent with the
substantive intent of the court order. The decision-maker appointed pursuant to the
provisions of this section may be the same person as the parenting coordinator
appointed pursuant to section 14-10-128.1. At the time of the appointment, the
appointed person shall comply with the disclosure provisions of subsection (4.5) of
this section.
(2) The decision-maker's procedures for making determinations shall be in
writing and shall be approved by the parties prior to the time the decision-maker
begins to resolve a dispute of the parties. If a party is unable or unwilling to agree
to the decision-maker's procedures, the decision-maker shall be allowed to
withdraw from the matter.
(3) All decisions made by the decision-maker pursuant to this section must
be in writing, dated, and signed by the decision-maker. Decisions of the decision-maker must be filed with the court and mailed to the parties or to counsel or
licensed legal paraprofessional for the parties, if any, no later than twenty days
after the date the decision is issued. All decisions are effective immediately upon
issuance and continue in effect until vacated, corrected, or modified by the
decision-maker or until an order is entered by a court pursuant to a de novo hearing
pursuant to subsection (4) of this section.
(4) (a) A party may file a motion with the court requesting that a decision of
the decision-maker be modified by the court pursuant to a de novo hearing. A
motion for a de novo hearing shall be filed no later than thirty-five days after the
date the decision is issued pursuant to subsection (3) of this section.
(b) If a court, in its discretion based on the pleadings filed, grants a party's
request for a de novo hearing to modify the decision of the decision-maker and the
court substantially upholds the decision of the decision-maker, the party that
requested the de novo hearing shall pay the fees and costs of the other party and
shall pay the fees and costs incurred by the decision-maker in connection with the
request for de novo hearing, unless the court finds that it would be manifestly
unjust.
(4.5) (a) Within seven days after the appointment, the appointed person shall
disclose to each party, attorneys or licensed legal paraprofessionals of record, and
the court any familial, financial, or social relationship that the appointed person has
or has had with the child, either party, the attorneys or licensed legal
paraprofessionals of record, or the judicial officer and, if a relationship exists, the
nature of the relationship.
(b) Based on the disclosure required pursuant to paragraph (a) of this
subsection (4.5), the court may, in its discretion, terminate the appointment and
appoint a different person in the proceedings. A party has seven days from the date
of the disclosure to object to the appointment based upon information contained in
the disclosure. If a party objects to the appointment, the court shall appoint a
different person or confirm the appointment within seven days after the date of the
party's objection. If no party timely objects to the appointment, then the
appointment is deemed confirmed.
(5) A court order appointing a decision-maker shall be for a specified term;
except that the court order shall not appoint a decision-maker for a period of longer
than two years. If an order fails to specify the length of the court-ordered
appointment, it shall be construed to be two years from the date of appointment.
Upon agreement of the parties, the court may extend, modify, or terminate the
appointment, including extending the appointment beyond two years from the date
of the original appointment. The court may terminate the appointment of the
decision-maker at any time for good cause. The court shall allow the decision-maker to withdraw at any time.
(6) A court order appointing a decision-maker shall include apportionment of
the responsibility for payment of all of the decision-maker's fees between the
parties. The state shall not be responsible for payment of fees to a decision-maker
appointed pursuant to this section.
(7) (a) A decision-maker shall be immune from liability in any claim for injury
that arises out of an act or omission of the decision-maker occurring during the
performance of his or her duties or during the performance of an act that the
decision-maker reasonably believed was within the scope of his or her duties unless
the act or omission causing such injury was willful and wanton.
(b) Nothing in this subsection (7) shall be construed to bar a party from
asserting a claim related to the reasonableness or accuracy of any fee charged or
time billed by a decision-maker.
(c) (I) In a judicial proceeding, administrative proceeding, or other similar
proceeding, a decision-maker shall not be competent to testify and may not be
required to produce records as to any statement, conduct, or decision, that
occurred during the decision-maker's appointment, to the same extent as a judge of
a court of this state acting in a judicial capacity.
(II) This paragraph (c) shall not apply:
(A) To the extent testimony or production of records by the decision-maker is
necessary to determine the claim of the decision-maker against a party; or
(B) To the extent testimony or production of records by the decision-maker is
necessary to determine a claim of a party against a decision-maker; or
(C) When both parties have agreed, in writing, to authorize the decision-maker to testify.
(d) If a person commences a civil action against a decision-maker arising
from the services of the decision-maker, or if a person seeks to compel a decision-maker to testify or produce records in violation of subsection (7)(c) of this section,
and the court decides that the decision-maker is immune from civil liability or that
the decision-maker is not competent to testify, the court shall award to the
decision-maker reasonable attorney fees or reasonable licensed legal
paraprofessional fees and reasonable expenses of litigation.
(8) The decision-maker shall comply with any applicable provisions set forth
in chief justice directives and any other practice or ethical standards established by
rule, statute, or licensing board that regulates the decision-maker.