598.7 Mediation.
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 the child support recovery unit. 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 judicial district’s or court’s authority to order settlement conferences pursuant to rules of civil 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 mediator and the parties to the action, listening to the mediator’s explanation of the mediation process, presentation of one party’s view of the case, and listening to the response of the other 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.
[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]
2005 Acts, ch 69, §31; 2014 Acts, ch 1107, §17; 2016 Acts, ch 1073, §162
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS
Section 598.2 - Jurisdiction and venue.
Section 598.2A - Choice of law.
Section 598.3 - Kind of action — joinder.
Section 598.4 - Caption of petition for dissolution.
Section 598.5 - Contents of petition — verification — evidence.
Section 598.6 - Additional contents.
Section 598.8 - Hearings — exceptions.
Section 598.9 - Residence — failure of proof.
Section 598.10 - Temporary orders.
Section 598.11 - How temporary order made — changes — retroactive modification.
Section 598.12 - Guardian ad litem for minor child.
Section 598.12A - Attorney for minor child.
Section 598.12B - Child custody investigators and child and family reporters.
Section 598.13 - Financial statements filed.
Section 598.14A - Retroactive modification of temporary support order.
Section 598.14B - Child visitation — temporary custody orders.
Section 598.15 - Mandatory course — parties to certain proceedings.
Section 598.16 - Conciliation — domestic relations divisions.
Section 598.17 - Dissolution of marriage — evidence.
Section 598.18 - Recrimination not a bar to dissolution of marriage.
Section 598.19 - Waiting period before decree.
Section 598.19A - Mandatory course — parties to certain proceedings.
Section 598.20 - Forfeiture of marital rights.
Section 598.20A - Beneficiary revocation — life insurance.
Section 598.20B - Beneficiary revocation — other contracts.
Section 598.21 - Orders for disposition of property.
Section 598.21A - Orders for spousal support.
Section 598.21B - Orders for child support and medical support.
Section 598.21C - Modification of child, spousal, or medical support orders.
Section 598.21D - Relocation of parent as grounds to modify order of child custody.
Section 598.21E - Contesting paternity to challenge child support order.
Section 598.21F - Postsecondary education subsidy.
Section 598.21G - Minor parent — parenting classes.
Section 598.22A - Satisfaction of support payments.
Section 598.22B - Information required in order or judgment.
Section 598.22C - Child support — social security disability dependent benefits.
Section 598.22D - Separate fund or conservatorship for support.
Section 598.23 - Contempt proceedings — alternatives to jail sentence.
Section 598.24 - Costs if party is in default or contempt.
Section 598.25 - Parties and court granting marriage dissolution decree — notice.
Section 598.26 - Record — impounding — violation indictable.
Section 598.28 - Separate maintenance and annulment.
Section 598.29 - Annulling illegal marriage — causes.
Section 598.30 - Validity determined.
Section 598.31 - Children — legitimacy.
Section 598.32 - Annulment — compensation.
Section 598.33 - Order to vacate.
Section 598.34 - Recipients of public assistance — assignment of support payments.
Section 598.35 - Grandparent — great-grandparent — visitation rights.
Section 598.36 - Attorney fees in proceeding to modify order or decree.
Section 598.41 - Custody of children.
Section 598.41A - Visitation — history of crimes against a minor.
Section 598.41B - Visitation — restrictions — murder of parent.
Section 598.41C - Modification of child custody or physical care — active duty.
Section 598.42 - Notice of certain orders by clerk of court.