Mediation Of Child Custody And Visitation Disputes

Rule 16(j). Mediation of child custody and visitation disputes.  (1)  Definition of "Mediation".  Mediation under this rule is the
process by which a neutral mediator appointed by the court or   agreed to by the parties assists the parties in reaching a mutually acceptable agreement as to issues of child custody and visitation. The role of the mediator is to aid the parties in identifying the  issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and finding points of agreement. An agreement reached by the parties is to be based on the decisions of the parties, and not the decisions of the mediator.

 (2)  Matters Subject to Mediation.  All domestic relations actions involving a controversy over custody or visitation of minor children at the pre-trial, trial and post-decree stages in the courts of this state shall be subject to mediation regarding issues of custody, visitation, or both.
   
(3)  Selection of Mediator.  The court shall permit the parties to select a mediator from the list of registered mediators compiled by the Supreme Court and maintained by the Administrative Director of the Courts If the parties are unable to select a mediator, the court shall appoint one. 
   
(4)  Requirement to Attend Orientation.  The district court of anyjudicial district may provide by local rule that all parties to any domestic relations case involving children, whether or not a trial or contested case has been scheduled, be required to attend such  parent mediation orientation, unless excused by the court 
  
(5)  Authority of the Court.  A court shall order mediation if, in  the court's discretion, it finds that mediation is in the best
  interest of the children and it is not otherwise inappropriate under the facts of the particular case.
    
(6)  Mediation Registration - Qualifications of Mediator. (A)  The Supreme Court will compile a list of registered mediators. For that purpose, the Administrative Director of the Courts shall gather from all applicants:
    
(i)  A certified transcript of the applicant's college work at an  accredited university showing college credit for mediation training;  (ii)  An affidavit of compliance executed by the applicant  attesting that the applicant has fulfilled the requirements for certification; (iii)  A copy of the applicant's degree, license or certificate. (iv)  Proof of completion of the mediation training activities  required in parts (6)(B) and (6)(C) of this rule.(B)  In order for a mediator to be placed on the list of registered mediators compiled by the Supreme Court, the mediator must have any one of the following professional credentials: (i) 

Membership in the Association for Conflict Resolution at the practitioner level or advanced practitioner level or other national organizations with equivalent standards for membership.(ii)  The applicant is a member of one of the following: the Idaho judiciary; licensed member of the Idaho State Bar Association; licensed psychologist; licensed counselor; licensed master social worker; certified school counselor; or certified school psychologist, who, in addition to such membership, has attended a minimum of 40 hours of mediation training, 20 of which must be in the field of child custody
mediation. (iii)  The applicant possesses a bachelors degree together with a minimum of 60 hours of mediation training, 20 of which must be in  the field of child custody mediation.