Yes, child custody can be decided through mediation in North Dakota. This process is governed by Chapter 14-09.1 of the North Dakota Century Code which is titled “Contested Child Proceedings Mediation”.
Mediation in Child Custody Cases
Mediation is a process that allows parties in a dispute to voluntarily resolve their issues. In the context of child custody, support, or visitation proceedings, the court may order mediation at the parties’ own expense, as per 14-09.1-02. However, the court may not order mediation if the custody, support, or visitation issue involves or may involve physical or sexual abuse of any party or the child of any party to the proceeding.
Appointment and Qualifications of Mediators
For any mediation ordered under this chapter, the court shall appoint a mediator from a list of qualified mediators approved by the court, as stated in 14-09.1-03. The qualifications of mediators are outlined in 14-09.1-04.
Mediation Agreement
The mediator is required to reduce any agreement of the parties to writing, as per 14-09.1-07. The parties are informed of their right to review the agreement with counsel before they sign it. After the agreement is signed by the parties, the mediator presents the agreement to the court. The agreement is not binding upon the parties until approved by order of the court.
Failure to Agree
If the parties are unable to reach an agreement, the mediator may report this to the court at any time, as per 14-09.1-08. The mediator may recommend to the court that a full hearing on the custody, support, or visitation issue be held within thirty days. However, the mediator may not make a substantive recommendation to the court concerning the contested issue of custody, support, or visitation.
Referral to Family Mediation
According to the Clerk Referral to Family Mediation process, within 10 days of filing, new cases involving a dispute or an unresolved issue regarding parental rights and responsibilities, relocation of a child, or grandparent visitation, including an original proceeding for a divorce, separation, or paternity in which the issue may appear, will be referred by the district court clerk to the program administrator.
Exclusions from Referral
A proceeding may not be referred to family mediation if the proceeding involves termination of parental rights, the parties have already started mediating prior to filing the proceeding, parental rights and responsibilities are stipulated by the parties at the time of filing, or a current domestic violence protection order or other order for protection between the parties exists, unless certain conditions are met.
In conclusion, child custody can indeed be decided through mediation in North Dakota, provided that certain conditions are met and the process is conducted in accordance with the relevant sections of the North Dakota Century Code.