AN ACT Relating to dissolution proceedings; adding a new section to chapter 26.09 RCW; and adding a new chapter to Title 7 RCW.

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

NEW SECTION. Sec. 1. Any county legislative authority may elect to require that all proceedings to determine child custody or visitation rights shall be conducted in accordance with this chapter.

NEW SECTION. Sec. 2. (1) In any proceeding under this chapter to determine child custody or visitation rights, the matter shall be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing, but in any event prior to the setting of the matter for trial. The purpose of the mediation proceeding is 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 legislature has found that mediation has and will be cost-effective in reducing family services required of the court system and of the local counties in the state of Washington. The mediator shall use his or her best efforts to reach a settlement in child custody or visitation disputes.

(2) Each superior court in proceedings under this chapter shall make available a qualified mediator. The mediator may be any qualified 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 under this chapter shall be held in private and shall be confidential. The mediator shall not disclose to third parties any aspect of the mediation proceedings.

(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. At the mediation meeting, the parties shall be given information about other mediation services available under subsection (8) of this section.

(5) Any agreement reached by the parties as a result of mediation under this chapter 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) The mediator has the authority in any proceeding under this chapter to exclude counsel from participation in the mediation proceedings where, in the discretion of the mediator, exclusion of counsel is deemed by the mediator to be appropriate or necessary.

(7) The local county governing body in any case under this chapter may, at their discretion, charge an additional mediation fee for marriage dissolutions of up to fifty percent of the civil filing fee to fund the mediation process. In addition, the respondent may be required to pay an appearance fee in an amount not to exceed the mediation fee to help the funding of such program. The mediation fee shall be imposed by the order of the superior court local rules, payable prior to any trial setting or other appropriate order of the superior court. The court shall, upon a satisfactory showing that a party is unable to pay, waive the mediation fee.

(8) The local county governing body may, at their discretion in any case under this chapter, allow the court to refer the parties to mediation on any issues, including but not limited to child support and/or property division, maintenance, attorney's fees, and costs. The local governing body may require that the respondent and petitioner pay additional fees for the additional mediation services, not to exceed the amount of the civil filing fee. The fees are to be payable prior to any trial setting in this matter or other appropriate order of the superior court.

(9) Any agreement reached by the parties through mediation on any issues shall be reduced to writing, signed by the parties and presented to the court for approval as a court order. When agreement through mediation is not reached on an issue, the court shall determine if the parties made a good faith effort to mediate the issue before proceeding with a hearing. If the court finds that either party failed to make a good faith effort to mediate, the court may: (a) Order the parties to submit to mediation; (b) dismiss the action or any part of the action; (c) render a decision or judgment by default; and (d) assess attorney's fees and costs, and may impose any other sanction that is appropriate in the circumstances.

(10) Unless otherwise ordered, the parties shall appear at the mediation conference. The court may impose an appropriate sanction upon a party's failure, without good cause, to appear for mediation after receiving notice of the scheduled time for mediation.

(11) No trial setting shall be referred to judicial scheduling under this chapter until the completion of the mediation process to the satisfaction of the mediator unless the court, upon application of either party, the mediator, or upon its own motion, orders the proceedings forward to judicial scheduling.

The requirement for holding a mediation conference may be waived by the court upon written application by either party for good cause, but only under such conditions as the courts may impose.

NEW SECTION. Sec. 3. A new section is added to chapter 26.09 RCW to read as follows:

If a county elects to require mediation in child custody and visitation cases under chapter 7.-- RCW (section 1 of this act) then:

(1) Modification of a divorce decree shall comply with the mediation provisions of chapter 7.-- RCW (section 1 of this act).

(2) A petitioner requesting modification of a divorce decree shall file a petition and other proper forms with the court and forward an original notarized copy to the respondent or attorney for respondent within thirty days.

(3) Respondent shall then complete the required forms, deliver the original document to the court, and forward a copy to the petitioner or petitioner's attorney within thirty days of receipt. The matter shall then be set for mediation under chapter 7.-- RCW (section 1 of this act).

(4) Failure of either party to comply with the requirements of this section may result in the imposition of appropriate sanctions which may include the following:

(a) Acceptance of properly submitted information to the exclusion of contrary evidence by the party in noncompliance;

(b) Assessment of attorney's fees against the noncomplying party; or

Failure of both parties to comply with this section will result in the dismissal, with prejudice, of all applications for ancillary relief.

NEW SECTION. Sec. 4. Sections 1 and 2 of this act shall constitute a new chapter in Title 7 RCW.