H-0378.1          _______________________________________________

                                  HOUSE BILL 1089

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Representatives Appelwick, Paris and Padden.

Read first time January 18, 1991.  Referred to Committee on Judiciary.Changing confidentiality for postdecree mediation proceedings.

     AN ACT Relating to confidentiality of postdecree mediation proceedings; and amending RCW 26.09.015.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 26.09.015 and 1989 c 375 s 2 are each amended to read as follows:

     (1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing.  The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute.

     (2) Each superior court may make available a mediator.  The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court.  In order to provide mediation services, the court is not required to institute a family court.

     (3) Mediation proceedings shall be held in private and shall be confidential.  The mediator shall not testify as to any aspect of the mediation proceedings.  This subsection shall not apply to postdecree mediation required pursuant to a parenting plan.

     (4) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children if the mediator deems such interview appropriate or necessary.

     (5) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court.

     (((6) This section shall not apply to postdecree mediation required pursuant to a parenting plan.))