Nev. EDCR 5.306

As amended through October 9, 2024
Rule 5.306 - Mandatory mediation program
(a) Generally, pursuant to NRS 3.475, except as otherwise ordered, all parties to a contested child custody proceeding must attend mediation through the Family Mediation Center (FMC) or through a private mediator before the disposition of the custody matter.
(b) Provisions applicable to all mediations.
(1) The court may refer the parties to mediation at any time, at the request of one or both parties or on its own motion.
(2) If a child custody proceeding is pending, the party moving for or requesting custody shall initiate mediation or seek exemption from mediation.
(3) The court may waive mediation in individual cases if there are issues of child abuse or domestic violence involved, if a party lives out of state, or for other good cause shown.
(4) A party may seek exemption from mediation at the case management conference or by motion as early in the case as practicable, asserting a basis for why the case is inappropriate for referral to mediation.
(5) Mediation shall be held in private and, except as otherwise required by other rule, statute, or court order, shall be confidential. Every mediator shall report in writing that the parties successfully mediated a full or partial parenting agreement (providing that agreement to the court), that they reached an impasse, or identify any party who failed to appear or refused to participate.
(6) Counsel of record may attend mediation sessions with their clients unless otherwise ordered.
(7) At the request of a mediating party or that party's counsel of record, any agreement produced by the mediator shall be provided to that counsel.
(8) No mediator shall conduct an evaluation of the parties after mediation or as part of the mediation process. No mediator shall provide recommendations as part of the mediation process.
(c) Provisions applicable to mediations at FMC.
(1) Any outstanding fees to FMC must be paid in full before further FMC services are initiated. Parties meeting minimum income requirements shall receive a fee waiver for mediation services upon verification of benefits. Fees for FMC mediation may be assessed to parties based upon a sliding fee scale.
(2) FMC shall establish procedures to assure cases that are inappropriate for mediation or that may require special protocols for the protection of parties are screened prior to any contact between the parties in the mediation process.
(3) Except as otherwise ordered in an order for mediation, mediation at FMC shall not address or include in any agreement terms for child support, spousal support, fees and allowances, exclusive possession of a residence, or any matter involving money to be paid by a party.

Nev. EDCR 5.306

Added effective 6/10/2022.