Rule 12.005 - MANDATORY MEDIATION PROGRAM(1) Upon the filing of a response, except for good cause, mandatory mediation shall be ordered in all domestic relations, dissolution, annulment, or separation cases involving contested issues of child custody or parenting time, or both. (a) Fees for court mandated mediation are set by the Benton County Board of Commissioners.(b) The mediation program policies and procedures are governed by the Benton County Mediation/Arbitration Commission.(2) Domestic relations mediation orientation will be held at the Benton County Courthouse at times scheduled by the Family Law Department. A party appearing for mediation orientation shall contact the Domestic Relations Clerk if they have good cause to request a different orientation session. (a) A party may also satisfy the mediation orientation requirement by watching an orientation video at their attorney's office if the attorney certifies to the court in writing of the client's participation.(b) Mediation orientation shall be completed within fourteen (14) days of filing responding documents. Failure to complete mediation orientation may result in the sanctions set out in UTCR 1.090.(3) Upon receipt of a mediation assignment, each party shall contact the mediator within forty eight (48) hours to schedule a date and time for the initial mediation session. The initial mediation session shall occur within fourteen (14) days of notice of the assignment to the mediator.(4) All mediation proceedings shall be private, and all communications shall be confidential, except as otherwise provided by statute. Legal counsel is not allowed to attend or participate in mediation proceedings.(5) In all cases that have been referred to a court-appointed mediator, the mediator shall make a final, written report to the court describing the conclusion of mediation, whether successful or unsuccessful.(6) If parties reach full or partial stipulated agreement during mediation, the mediator shall reduce the agreement to writing. The written agreement shall be signed by the parties or by the mediator on behalf of the parties. The mediator shall file the same with the court via conventional or electronic filing and provide copies to the parties and their attorneys no more than fourteen (14) days after the agreement is reached.(a) A mediator shall encourage disputing parties to obtain individual legal review and advice of any mediated agreement before signing any agreement. If the parties choose to sign the stipulated agreement, the document may then be incorporated into the court order or judgment.(b) The agreement shall become final, binding, and enforceable upon the expiration of fourteen (14) days from the mediator filing it with the court unless prior to the expiration of the fourteen (14) day period either party provides the court and the other party with written objections to a parenting plan.(c) The court may refer the matter back to the mediator at its discretion.(7) Small Claims. Unless excused by the court, parties in contested small claims cases shall be required to attend a mediation orientation session, after which parties may elect to participate in mediating the case.Benton Supp. L. R. 12.005
Amended effective 2/1/2024.