§ 15-5-29. Mediation proceedings involving custody and/or visitation.
(a) Where, in any petition for divorce, divorce from bed and board, or relief without
the commencement of divorce proceedings, the family court may, as to issues of custody
and visitation, direct the parties to participate in mediation in an effort to resolve
their differences, the court may order the participation in mediation in a program
established by the court.
(b) At its discretion, the court may:
(1) Order mediation under this section prior to trial and postpone trial of the case pending
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§ 15-5-29. Mediation proceedings involving custody and/or visitation.
(a) Where, in any petition for divorce, divorce from bed and board, or relief without
the commencement of divorce proceedings, the family court may, as to issues of custody
and visitation, direct the parties to participate in mediation in an effort to resolve
their differences, the court may order the participation in mediation in a program
established by the court.
(b) At its discretion, the court may:
(1) Order mediation under this section prior to trial and postpone trial of the case pending
the outcome of the mediation, in which case the issues of custody and visitation shall
be tried only upon failure to resolve the issues of custody by mediation;
(2) Order mediation under this section prior to trial and proceed to try the case as to
issues other than custody and visitation while the parties are at the same time engaged
in the mediation, in which the issue of custody shall be tried separately upon failure
to resolve the issues; and
(3) Complete the trial of the case on all issues and order mediation under this section
upon the conclusion of the trial, postponing entry of the decree pending outcome of
the mediation, in which case the court may enter a temporary decree as to issues other
than custody any visitation upon completion of the trial or may postpone entry of
any decree until the expiration of the mediation period of agreement of the parties.
(c) Communications made by or to a mediator or between parties in the presence of the
mediator as a part of mediation ordered under this section are privileged and are
not admissible as evidence in any civil or criminal proceeding.