Role of Mediation in Divorce Cases in North Dakota
Mediation plays a significant role in divorce cases in North Dakota. It is a process that facilitates communication between parties to assist them in reaching voluntary decisions related to their dispute. This process is governed by Rule 8.1 of the North Dakota Rules of Court, which provides detailed guidelines on how mediation should be conducted in parental rights and responsibilities disputes in the district courts.
Case Management and Mediation Assignment
Once a case is assigned to a mediator, they are responsible for managing the case and reporting to the court as required by Rule 8.1. If any party fails to appear for orientation or mediation sessions, the mediator must promptly notify the court, which may order the party to show cause for failure to appear. The mediation process does not stay any interim process. Mediators are assigned cases by the program administrator and manage cases assigned to them from orientation and screening through the conclusion of mediation.
Conflicts of Interest and Bias
A mediator may not be removed unless the mediator or the parties’ petition the program administrator based on bias or conflicts of interest. Parties and attorneys may not request a change of mediator unless they present clear evidence of bias or conflict of interest as described in Supplement 2, the ABA Model Standards of Practice for Family and Divorce Mediation.
Standards for Mediators
All mediators must agree to follow the standards in Supplement 2. Any violation of standards may be reported to the program administrator. These standards include the principle of self-determination by the participants, which requires that the mediation process rely upon the ability of the participants to reach a voluntary, informed, uncoerced agreement. A mediator may not require a participant to stay in the mediation against the participant’s will.
Scope of Mediation in Divorce Cases
Mediation in North Dakota can be applied to a variety of cases, including divorce cases involving property or spousal support, cases involving parenting rights, residential responsibilities or support of minor children, grandparent visitation cases, and cases under the Uniform Probate Code or the Uniform Trust Code.
Exemption from Mediation
Any party may request referral of an eligible case to post-judgment mediation. However, the court may exempt the case if the issues raised are limited to a question of law, prior post-judgment mediation has been attempted and the issues are substantially similar, or other good cause is shown.
Role of the Mediator
The mediator may provide information about the process, raise issues, offer opinions about the strengths and weaknesses of the case, draft proposals, and help parties explore options. However, the mediator’s commitment must be to the participants and the process. Pressure from outside of the mediation process must never influence the mediator to coerce participants to settle.
In conclusion, mediation plays a crucial role in divorce cases in North Dakota. It provides a platform for parties to communicate and reach voluntary decisions related to their dispute, thereby reducing post-decree litigation and conflict in family cases.