§ 598.7 — Mediation

Iowa § 598.7

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 598: DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS

Text

1. The district court may, on its own motion or on the motion of any party, order the
parties to participate in mediation in any dissolution of marriage action or other domestic
relations action. Mediation performed under this section shall comply with the provisions
of chapter 679C. The provisions of this section shall not apply if the action involves a child
support or medical support obligation enforced by child support services. The provisions of
this section shall not apply to actions which involve elder abuse pursuant to chapter 235F
or domestic abuse pursuant to chapter 236. The provisions of this section shall not affect a
judicialdistrict’sorcourt’sauthoritytoordersettlementconferencespursuanttorulesofcivil
procedure. The court shall, on application of a party, grant a waiver from any court-ordered
mediation under this section if the party demonstrates that a history of domestic abuse exists
as specified in section 598.41, subsection 3, paragraph “j”.
2. The supreme court shall establish a dispute resolution program in family law cases that
includes the opportunities for mediation and settlement conferences. Any judicial district
may implement such a dispute resolution program, subject to the rules prescribed by the
supreme court.
3. The supreme court shall prescribe rules for the mediation program, including the
circumstances under which the district court may order participation in mediation.
4. Any dispute resolution program shall comply with all of the following standards:
a. Participation in mediation shall include attendance at a mediation session with the
mediatorandthepartiestotheaction,listeningtothemediator’sexplanationofthemediation
process, presentationofoneparty’sviewofthecase, andlisteningtotheresponseoftheother
party. Participation in mediation does not require that the parties reach an agreement.
b. The parties may choose the mediator, or the court shall appoint a mediator. A
court-appointed mediator shall meet the qualifications established by the supreme court.
c. Parties to the mediation have the right to advice and presence of counsel at all times.
d. The parties to the mediation shall present any agreement reached through the
mediation to their attorneys, if any. A mediation agreement reached by the parties shall not
be enforceable until approved by the court.
e. The costs of mediation shall be borne by the parties, as agreed to by the parties, or
as ordered by the court, and may be taxed as court costs. Mediation shall be provided on a
sliding fee scale for parties who are determined to be indigent pursuant to section 815.9.
5. The supreme court shall prescribe qualifications for mediators under this section. The

qualifications shall include but are not limited to the ethical standards to be observed by
mediators. The qualifications shall not include a requirement that the mediator be licensed
to practice any particular profession.

Legislative History

[C51, §1481; R60, §2533; C73, §2222; C97, §3173; C24, 27, 31, 35, 39, §10471; C46, 50, 54, 58, 62, 66, §598.4; C71, 73, 75, 77, 79, 81, §598.7]