AN ACT Relating to dissolution of marriage; amending RCW 26.09.020; adding a new section to chapter 26.09 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. A new section is added to chapter 26.09 RCW to read as follows:

In all cases where there is a custody or visitation dispute under this chapter or chapter 26.26 RCW, no trial date shall be set until the parties have completed mediation, or a declaration stating that there is domestic violence has been filed, or the court has ordered that mediation is inappropriate for these parties.

(1) The parties are required to appear at the pretrial mediation conference to discuss and attempt to resolve the custody and visitation issues.

(2) Each superior court shall make available a qualified 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. The court is not required to institute a family court but private mediation may be utilized.

(3) The mediator must have the following qualifications:

(a) One or more of the following:

(i) A license to engage in the practice of psychiatry or psychology, or a master's degree in counseling, social work, or marriage and family counseling; and successful completion of a mediation training course.

(ii) Not less than five years of experience in family counseling, preferably with a focus on dissolution of marriage issues, and successful completion of a mediation training program.

(iii) A graduate degree in a behavioral science and successful completion of a domestic relations mediation training program which has been approved by the court with not less than forty hours of classroom instruction and two hundred fifty hours of practical experience working under the direction of a person who meets the criteria of (a) (i) and (ii) of this subsection.

(iv) Membership in the state bar of Washington and successful completion of a mediation training program.

(b) Knowledge of the court system of this state and the procedures used in domestic relations matters.

(c) Knowledge of other resources in the community to which the parties to a domestic relations matter can be referred for assistance.

(d) Knowledge of child development, clinical issues relating to children, the effects of divorce on children, and child custody research.

(4) Any agreement reached by the parties through mediation on any issue shall be reduced to writing, signed by the parties and may be presented to the court for approval as a court order. When an agreement through mediation is not reached on any issue, the court shall determine that 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 order the parties to submit to further mediation, may dismiss the action or any part of the action, may render a decision or judgment by default, may assess attorney's fees and costs, and may impose any other sanction that is appropriate in the circumstances. The court may also 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.

(5) Mediation proceedings shall be held in private and shall be confidential. The mediator shall not testify as to any aspect of the mediation proceedings.

(6) Funding for the mediation required under this section may be raised from any or all of the following:

(a) The local county governing board may raise the filing fees for marriage dissolutions up to fifty percent above the rate for the civil filing fee to fund the mediation program.

(b) The respondent may be required to pay a proportionate fee not to exceed the filing fee paid by the petitioner to fund the mediation program. The court may waive this fee if the court finds that the party is unable to pay such fee.

(c) The local county governing board may impose a sliding fee scale payable by the parties to offset the costs of the mediation program.

(7) The administrators of the state superior courts may adopt rules and regulations to implement and carry out the purpose of this section.

NEW SECTION. Sec. 2. The code reviser shall place a reference to section 1 of this act in chapter 26.26 RCW.

Sec. 3. Section 2, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 2, chapter 45, Laws of 1983 1st ex. sess. and RCW 26.09.020 are each amended to read as follows:

(1) A petition in a proceeding for dissolution of marriage, legal separation, or for a declaration concerning the validity of a marriage, shall allege the following:

(a) The last known residence of each party;

(b) The date and place of the marriage;

(d) The names, ages, and addresses of any child dependent upon either or both spouses and whether the wife is pregnant;

(e) Any arrangements as to the custody, visitation and support of the children and the maintenance of a spouse;

(f) A statement specifying whether there is community or separate property owned by the parties to be disposed of;

(g) The relief sought.

(2) Either or both parties to the marriage may initiate the proceeding.

(3) The petitioner shall complete and file with the petition a certificate under RCW 70.58.200 on the form provided by the department of social and health services.

(4) The petitioner shall complete and file with the petition a certificate stating under oath that the party has read or has had read to her/him the mediation information certificate and the mediation certificate shall be served to the respondent with the petition.

The certificate shall be in the following form:

"(A) WHAT IS MEDIATION?

!sc ,5Mediation is a process used to settle disputes. If you have differences with your spouse on any dissolution issue including custody, visitation, child support, property division, or maintenance you may be able to reach agreement through mediation. The mediator helps divorcing couples to reach solutions which settle their differences regarding child custody, visitation, child support, property division, or maintenance.

(B) HOW CAN MEDIATION HELP YOU?

!sc ,5Studies have shown that mediation reduces conflict between divorcing couples. It is the conflict between parents that is most damaging to children in a dissolution, rather than the dissolution process itself. Dissolution mediation can lessen teenage problems such as drug and alcohol abuse, school problems, parent-child communication problems and sexual behavior. A mediated dissolution has been shown to reduce the damage a dissolution does to children.

!sc ,5(In each county, the county clerk shall provide a list of qualified mediators on this certificate under (C) WHERE IS MEDIATION AVAILABLE?)

!sc ,5"I hereby declare under penalty of perjury, that I have read, or have had read to me, the mediation information above."

!w×

Date/Place

@l3 !w×

Signature of Petitioner"