§ 9:332 — Custody or visitation proceeding; mediation

§332. Custody or visitation proceeding; mediation
A. The court may order the parties to mediate their differences in a
custody or visitation proceeding. The mediator may be agreed upon by the
parties or, upon their failure to agree, selected by the court. The court may
stay any further determination of custody or visitation for a period not to
exceed thirty days from the date of issuance of such an order. The court may
order the costs of mediation to be paid in advance by either party or both
parties jointly. The court may apportion the costs of the mediation between the
parties if agreement is reached on custody or visitation. If mediation
concludes without agreement between the parties, the costs of mediation shall
be taxed as costs of court. The costs of mediation shall be subject to approval
by the court.
B. If an agreement is reached by the parties, the mediator shall prepare
a written, signed, and dated agreement. A consent judgment incorporating the
agreement shall be submitted to the court for its approval.
C. Evidence of conduct or statements made in mediation is not
admissible in any proceeding. This rule does not require the exclusion of any
evidence otherwise discoverable merely because it is presented in the course
of mediation. Facts disclosed, other than conduct or statements made in
mediation, are not inadmissible by virtue of first having been disclosed in
mediation.

Legislative History

Acts 1993, No. 261, §5, eff. Jan. 1, 1994.