BILL REQ. #:  H-0790.2 

Read first time 01/24/13.   Referred to Committee on Judiciary.

     AN ACT Relating to mediation in family law cases involving children; and amending RCW 26.09.015.

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

Sec. 1   RCW 26.09.015 and 2008 c 6 s 1044 are each amended to read as follows:
     (1) In any proceeding under this chapter, other than a proceeding under subsection (2) of this section, 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 or the domestic partnership is dissolved)). The mediator shall use his or her best efforts to effect a settlement of the dispute.
     (((2)(a) Each superior court may make available a mediator. The court shall use the most cost-effective mediation services that are readily available unless there is good cause to access alternative providers. 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.
     (b))) (2)(a) In any proceeding involving issues relating to residential time or other matters governed by a parenting plan, the matter ((may)) must be ((set)) scheduled for mediation of the contested issues ((before or concurrent with the setting of the matter for hearing)) within sixty to ninety days after service and filing of responsive pleadings is completed. 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 or the domestic partnership is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute.
     (b) Each superior court shall establish a program and rules to provide for early mediation of cases involving issues relating to residential time or other matters governed by a parenting plan. Such rules must address:
     (i) The number and length of mediation sessions, which in no case may be less than one mediation session, and additional sessions as are deemed appropriate by the mediator or the parties. Each mediation session must last approximately two to three hours unless mediated issues are resolved prior to that time;
     (ii) Mandatory expertise and training for mediators;
     (iii) Limitation of the mediation program to issues relating to residential time or other matters governed by a parenting plan;
     (iv) Standards for determining which issues should be referred to mediation and timelines for mediation to be concluded; and
     (v) Excusal from mediation if the court determines that an impediment to mediation exists, including family violence, mental or cognitive impairment, alcohol abuse or chemical dependency, or other circumstances that may render mediation inappropriate or that would unreasonably interfere with the mediation process.
     (3)(a) Each superior court may make available a mediator. The court shall use the most cost-effective mediation services that are readily available unless there is good cause to access alternative providers. 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.
     (b) Counties may, and to the extent state funding is provided therefor counties shall, provide both predecree and postdecree mediation at reduced or waived fee to the parties within one year of the filing of the dissolution petition.
     (((3))) (4)(a) Mediation proceedings under this chapter shall be governed in all respects by chapter 7.07 RCW, except as follows:
     (i) Mediation communications in postdecree mediations mandated by a parenting plan are admissible in subsequent proceedings for the limited purpose of proving:
     (A) Abuse, neglect, abandonment, exploitation, or unlawful harassment as defined in RCW 9A.46.020(1), of a child;
     (B) Abuse or unlawful harassment as defined in RCW 9A.46.020(1), of a family or household member as defined in RCW 26.50.010(2); or
     (C) That a parent used or frustrated the dispute resolution process without good reason for purposes of RCW 26.09.184(4)(d).
     (ii) If a postdecree mediation-arbitration proceeding is required pursuant to a parenting plan and the same person acts as both mediator and arbitrator, mediation communications in the mediation phase of such a proceeding may be admitted during the arbitration phase, and shall be admissible in the judicial review of such a proceeding under RCW 26.09.184(4)(e) to the extent necessary for such review to be effective.
     (b) None of the exceptions under (a)(i) and (ii) of this subsection shall subject a mediator to compulsory process to testify except by court order for good cause shown, taking into consideration the need for the mediator's testimony and the interest in the mediator maintaining an appearance of impartiality. If a mediation communication is not privileged under (a)(i) of this subsection or that portion of (a)(ii) of this subsection pertaining to judicial review, only the portion of the communication necessary for the application of the exception may be admitted, and such admission of evidence shall not render any other mediation communication discoverable or admissible except as may be provided in chapter 7.07 RCW.
     (((4))) (5) 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))) (6) 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.