Kan. R. Jud. Dist. 14
Unless waived by the court, any pre-judgment disputed child custody, residency or parenting time issue not otherwise resolved by the parties must be submitted to a court approved mediator prior to the trial of the issue. Any disputed post-judgment motion to modify custody, residency or parenting time must be submitted to a court approved mediator prior to an evidentiary hearing thereon. This rule shall apply also to actions brought under the Kansas Parentage Act, K.S.A. 38-1101 et seq.
If there is a dispute concerning custody, residency or visitation which is not otherwise resolved by the parties within forty-five (45) days of the commencement of the action, one or both parties shall immediately file a motion requesting mediation. If the total child support income of the parties as determined by the Kansas Child Support Guidelines (Supreme Court Administrative Order No. 128), and amendments thereto, is less than Thirty Five Thousand Dollars ($35,000.00), the Chief Court Services Officer or her designee will be the mediator unless either party objects. If either party objects to such person, the parties may select a different court approved mediator. If the parties cannot agree on a mediator, one will be selected and appointed by the presiding judge.
Unless otherwise ordered by the court, the cost of mediation by the Chief Court Services Officer shall be paid equally by the parties. The cost for such mediation services shall be Fifty Dollars ($50.00) per person and out-of-pocket expenses, if any, which shall be paid to the clerk of the court and deposited to the Court Trustee Fund. The fee and out-of-pocket expenses, if any, shall be paid by the parties prior to the first mediation session. In any event, such sum shall be paid not later than the time the final judgment is entered in the case.
If the income of the parties is Thirty Five Thousand Dollars ($35,000.00) or more, the parties shall use a private court approved mediator who is mutually agreed upon by the parties. If the parties cannot agree on a mediator, one will be selected and appointed by the presiding judge. The cost of such mediation shall be paid by the parties in the proportions that their respective incomes bear to the total child support income, unless otherwise ordered by the court or unless otherwise agreed to by the mediator and the parties.
If mediation is required, and the parties are in agreement on a court approved mediator, the movant shall submit to the court a proposed order for mediation. All proposed orders for mediation shall be in substantially the attached form, including the names, addresses and telephone numbers of the parties.
The results of mediation shall be reported by the mediator to the court and the attorneys, or if a party is not represented, the party. If agreement, or partial agreement, is reached such agreement shall be reduced to writing and signed by the parties. Within ten (10) days of the execution of the mediation agreement by the parties, a motion to approve the mediation agreement, together with a proposed order, shall be submitted to the presiding judge for approval.
Administrative Rule No. 14 effective March 22, 2004, is hereby repealed.
The foregoing Administrative Rule shall be effective April 1, 2004.
The foregoing Administrative Rule is adopted pursuant to the authority of Supreme Court Rule No. 105, in chambers at Concordia, Kansas, and a copy there of mailed to the clerk of the Supreme Court this 31st day of March, 2004.
_______________________________
Thomas M. Tuggle
Chief Judge
IN THE DISTRICT COURT OF ____________ COUNTY, KANSAS
In the Matter of the Marriage of
_______________ and
______________.
Case No.___________
ORDER FOR MEDIATION
Now on this _____ day of _____________, 19__, the court finds that a petition for divorce has been filed in the above case, that the parties are parents of a child or children under eighteen (18) years of age and that there is a dispute as to custody, residency or visitation.
Whereupon, the court finds that the parties shall participate in mediation with ____________________________________________. The clerk of the court shall provide a copy of the Order for Mediation to the mediator upon its filing. The parties shall arrange with the mediator for the mediation and pay the cost thereof.
The results of mediation shall be reported by the mediator to the court and the attorneys, or if a party is not represented, the party. If agreement, or partial agreement, is reached such agreement shall be reduced to writing and signed by the parties. Within ten (10) days of the execution of the mediation agreement by the parties, a motion to approve the mediation agreement, together with a proposed order, shall be submitted to the court for approval.
The names, addresses and telephone numbers of the parties are:
Petitioner Respondent
IT IS SO ORDERED.
________________________________________
Judge of the District Judge
Kan. R. Jud. Dist. 14