Divorce Mediation in Iowa
Mediation programs can be very beneficial to people who are divorcing as well as to those who have long been divorced but who find themselves in a dispute in their post-divorce relationship. It is a cooperative method of dispute resolution that is led by a neutral party who assists the couple in reaching agreements. This method of resolving disputes is an alternative to the more common method of litigation, (resolving disputes in court) which is intentionally confrontational and involves attorneys representing one side against the other and results in one “winner” and one “loser.” Mediation also has the advantage of often being less expensive than resolving disputes in court. That being so, it is well worth investigating by any couple facing divorce, a child custody or visitation dispute, or other interpersonal conflict.
A court may order mediation upon a request by either party or because the court itself determines it would be useful to the couple in coming to an agreement in their divorce. (IA Code 598.7) Mediation will not be ordered, however, when there is evidence of domestic abuse. (IA Code 598.41) Even in cases of domestic abuse, however, if both parties agree to mediate, despite the existence of a protective order, mediation can take place, but must be held at the local courthouse.
A successful mediation can help you resolve your case to enable you to have an uncontested divorce. Mediation can be particularly useful in situations involving children, because it is in the best interests of the children that their parents find a way to "get along" even if they will no longer live together as husband and wife.
Rules for Mediation Programs
The state supreme court sets all rules for the mediation program and any dispute resolution program must comply with ALL of the following.
Each participant in a mediation program must attend a mediation session with the mediator, listen to the mediator's explanation of the mediation process, present his or her own view of the case, and listen to the other party’s response.
Participation in mediation does not require the parties reach an agreement.
The parties may choose the mediator, or the court can appoint one.
A court-appointed mediator must meet the qualifications established by the state supreme court.
Parties to the mediation have the right to legal advice and presence of counsel at all times.
The parties to the mediation must present any agreement reached through the mediation to their attorneys, if any.
A mediation agreement reached by the parties is not enforceable until approved by the court.
The costs of mediation are paid by the parties, as agreed to by the parties, or as ordered by the court, and may be taxed as court costs. The costs of mediation are to be provided on a sliding fee scale for parties who are determined under Iowa law to be unable to pay. (IA Code 598.7 and 815.9).
Iowa has a mandatory course requirement for any party involved in a child custody or visitation issue to educate and sensitize the parties to the needs of children in divorcing families. Participation in the course must occur within 45 days of the date of service of the divorce action. Participation may be delayed or waived for good cause, including a default by any of the parties or a showing that a party has already participated in a court-approved course or the equivalent. Each party is required to submit a certificate of completion to the court before a final decree will be ordered.
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