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Douglas County Conciliation and Mediation Services
Hall of Justice
1701 Farnam Street, 1st Floor
Omaha, NE 68183
(402) 444-7168

ATTORNEY PROCEDURES UNDER RULE 4-3D

Per Local Rule 4-3D, all dissolution cases with children, paternity cases in which custody and/or visitation are issues and modifications involving custody/visitation issues are expected to observe the following procedures:

1. Within 60 days of filing or receipt of service the litigants should attend the Parent Education Seminar, "What About the Children" given by Douglas County Conciliation & Mediation Services. A letter to the parents informing them of this procedure is included in the packet received in the Clerk of the District Court office at the time of filing, and is also included in service packets to the respondent. If the other party is pro se please be sure they also receive a packet if they sign a Voluntary Appearance instead of receiving service. A copy of the parents’ letter is also available on our web page. The seminar should be attended prior to the parents beginning work on their Parenting Plans, since it informs the parents about the children’s needs and also defines what a Parenting Plan is and why it is required.
   
2. Unless you notify Conciliation & Mediation Services prior to your client’s attendance at the seminar, that a full Parenting Plan is being negotiated by the attorneys and you do not want the case mediated, a mediator will be assigned to the parties by this office 3 business days after both have attended the seminar. If you feel there is a good possibility that you and/or the other attorney will be negotiating the Parenting Plan please let us know and we will hold off on assigning a mediator. (The clients are told twice in the seminar to let their attorneys know when they have attended the seminar) It is always possible later to request assignment of a mediator if a plan is not agreed upon after the attorneys have attempted negotiations. Parenting Plans should cover only the non-financial parenting issues as shown on the Parenting Plan Checklist of Required Provisions Under Rule 4-3D, and should be a separate document, and not be included in the body of the Decree.
   
3. If your client is going to mediate, and you have financial concerns or preferences regarding the selection of a mediator, please supply any information to our office that would be helpful to us in assigning someone whose fee will be appropriate for your client. If there are any other special circumstances needing mediators with specific background or experience levels please let us know that as well, and we will make every attempt to meet those needs in making the assignment. Please do confer with your client prior to mediation regarding information about forms of custody and the financial impact on child support, etc., so they are prepared to discuss these issues. The clients are told in the seminar they should talk to their attorneys about custody and visitation issues prior to their mediation appointment.
   
4. If the case is successfully mediated a copy of the Parenting Plan will be sent to the parties, the attorneys and this office. If no objections have been received in 21 days the plan will be processed and closed out so the case may proceed to court. If the attorneys wish to have the plan released prior to the 21 days simply notify the Conciliation Office of your mutual agreement to do so, and the plan will be closed out and released.
   
5. The parties and/or attorneys will have 21 days in which to express an objection to the plan. Objections should be specific and written to the Conciliation Office and/or the mediator. The mediator will then schedule a re-mediation session on the disputed issues identified in the written objection. Following the re-mediation efforts, the mediator will then label the plan as an “Amended” agreement and will indicate terms which remain at issue (if any) between the parties. The re-mediated plan will then be forwarded to Conciliation & Mediation Services for final processing, entry into the database and closing so a Certificate of Readiness may be obtained.
   
6. If the attorneys negotiate the Parenting Plan the parents are still required to attend the "What About the Children" seminar, and a copy of the attorney negotiated Parenting Plan should be submitted to Conciliation Office for review so the necessary data can be extrapolated and entered into the data base, the case can be closed and a prove up date can be set. If unresolved issues remain, the parties are required to attempt mediation before the case can be closed out and a Certificate of Readiness can be obtained.
   
7. If there are reasons this procedure cannot be followed in a particular case, please let us know and we’ll try to work with you and the situation at hand.

It is hoped that with the implementation of this rule, parents will be encouraged from the very beginning to establish a working co-parenting relationship, or at least a working parallel relationship for the sake of the children, and that matters that could bring them back to court again and again for modifications will be resolved by very specific Parenting Plans being created pre-decree.

For your reference, copies of Parenting Plan Basic Requirements under Rule 4-3, a model Parenting Plan, and Sample Default Parenting Plan are available through Conciliation & Mediation Services and our web page. The Parenting Plan (which should be separate from the decree) is the only part of the Dissolution that needs to be sent to us. Should you have additional questions please give us a call. If you would like a copy of the rule it is available through this office, our web page or the Law Library.

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