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

RULE 4-3
DOMESTIC RELATIONS CASES

D. Mediation.

1. Parties to domestic-relations matters involving children are required to attend the District Court Conciliation and Mediation Services parent-education program "What About The Children" within sixty (60) days from receipt of service of process. This includes filings for dissolution of marriage and determination-of-paternity cases which involve issues of custody and/or visitation. Effective on December 1, 2001, applications to modify decrees of dissolution or paternity decrees which involve issues of custody and/or visitation shall be subject to the requirements of this rule.
   
   The parties are also required to meet and confer with either the Director of the District Court Conciliation and Mediation Services or another assigned mediator to complete a Parenting Plan or visitation schedule, including child custody, visitation, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. No trial date will be scheduled until attendance at the "What About The Children" seminar has been completed and mediation to resolve custody and/or visitation issues has been attempted, provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months. It is further provided that, notwithstanding the language in this paragraph, domestic-violence issues may, upon consideration by the trial court, disqualify the parties from mediation.
   
   Parties or counsel are required to notify the Director of the District Court Conciliation and Mediation Services of any request for delay in assignment of a mediator if the parties and counsel are attempting to negotiate a Parenting Plan agreement, which agreement shall be required to comply with the Parenting Plan checklist. In the event there is a failure to request a delay of mediator assignment, a mediator shall be assigned pursuant to this rule.
   
2. The Mediation Committee will prepare a letter, for distribution by the District Court Administrator, advising the filing parties and their attorneys that attendance at the Conciliation and Mediation Services seminar "What About The Children" is mandatory and must be completed within the time frame specified in this rule. The letter should also advise the parties and counsel (1) that Parenting Plans and visitation schedules will be referred for mediation; (2) that no trial date will be set until attendance at the "What About The Children" seminar has been completed and mediation to resolve custody and/or visitation issues has been attempted; (3) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six months; and (4) that domestic-violence issues may, upon consideration by the trial court, disqualify the parties from mediation. The Clerk of the District Court is directed to include this letter with the filing and service packets distributed by the Clerk.
   
3. A list of mediators approved by the District Court judges will be maintained by the Mediation Committee of the District Court. These mediators must meet State of Nebraska (or equivalent) standards for training in order to qualify. The following requirements apply to all participating mediators:
   Court-approved mediators will determine their own fees and will provide a copy of their fee schedule to the Conciliation and Mediation Services Director. In order to be on the list of court-approved mediators, a mediator must agree to use a sliding-fee scale of $25-$75 per person per hour, determined on the basis of what each party is able to pay. Court-approved mediators must also agree to take pro bono cases on an "as needed" basis. The Conciliation and Mediation Services Director will determine the need for such pro bono services, so that the burden of these cases is equitably distributed among the participating mediators.
   
4. Prior to participation in the program, qualified mediators will be required to attend an orientation session which will be conducted by a panel, to be designated by the Mediation Committee, to review the mediation procedures, as well as the Parenting Plan Checklist. Each participating mediator must be willing to agree to the court requirements for participation, and each mediator will be asked to sign a statement indicating acknowledgment and acceptance of the requirements.
   
5. When a judge refers a case for mediation, the judge will indicate the issues to be mediated, as well as any choice of a mediator if the judge has a preference. The judge may also indicate whether there is a particular mediator whom the judge does not wish to use. The attorneys for the parties may also mutually agree upon the choice of a mediator and may indicate whether they wish the parties to mediate any issues other than custody and Parenting or Visitation Plans. If financial issues are to be mediated, the case will be assigned to an attorney mediator.
   
6. The attorneys will be requested to bring the parties to the Conciliation and Mediation Services Office forthwith or to immediately provide the Conciliation and Mediation Services Office with all necessary client information, so the staff can confer with the parties and their attorneys, and can discuss selection of a mediator. Unless a specific mediator has been requested, the next mediator appropriate to the parties and their needs will be assigned from the rotating list, and the Conciliation and Mediation Services Director will contact the mediator to confirm the mediator's acceptance of the case. Paperwork will be sent out to the mediator, who must advise the Conciliation and Mediation Services staff within ten (10) days of receipt of the paperwork of the date for the parties' first appointment. The Conciliation and Mediation Services Office will attempt to screen each case for domestic violence which would disqualify the parties from mediation, but the individual mediator may also refuse to mediate a case if the mediator determines that it would be inappropriate.
   
7. a. If the parties reach an agreement through mediation, the agreement shall be reduced to writing. Copies shall be provided by the mediator to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have twenty-one (21) days from the date of the notice to notify the mediator and/or the Conciliation and Mediation Services Office of any written objections to the terms of the agreement. Such objections shall be specific. All matters not specifically objected to shall be deemed final. If no objections are received within twenty-one (21) days, then the agreement shall automatically be forwarded to the Conciliation and Mediation Services Office for final processing, pursuant to Subpara. (c) below.
   
   If the parties and counsel negotiate a Parenting Plan agreement, which agreement shall comply with the Parenting Plan checklist, the agreement shall be forwarded to the Conciliation and Mediation Services Office immediately after signing pursuant to Subpara. (c) below.
   
   b. Upon the filing by either party or attorney of objections to the agreement, the mediator shall forthwith schedule a remediation session on the disputed issues identified in the objection. The mediator may charge additional fees for the remediation session and related expenses. Following remediation efforts, the mediator shall forward to the Conciliation and Mediation Services Office the remediated agreement which shall be clearly denominated the "amended mediation agreement," and which shall recite those issues which remain contested, if any.
   
   c. Agreements or amended mediation agreements shall be forwarded to the Conciliation and Mediation Services Office, where said agreements shall be reviewed. A copy of the agreement or amended mediation agreement shall then be forwarded, along with the appropriate closure form, to the judge to whom the case is assigned and to the court file.
   
8. The Conciliation and Mediation Services staff will follow up on the deadlines set by the court and whether any extensions of time have been granted.
   
9. Remediation-Clause cases. When the parties are mediating amendments to existing decrees or modification proceedings, they may directly request mediation through their previous mediator or may request re-assignment to a different mediator through the Conciliation and Mediation Services Office.
   
10. The Mediation Committee will be a standing committee of the District Court and will be composed of four (4) district judges, the Conciliation and Mediation Services Director, at least one outside mediator/advisor, and such other persons as the Committee deems necessary. The Chair Judge of Conciliation and Mediation Services will chair this Committee and may be consulted individually, as may be needed by the Conciliation and Mediation Services Director, for answers on day-to-day operations of the mediation program.
    
11. The Mediation Committee of the District Court may make such other operating rules as may be needed to facilitate the beginning and continuation of this mediation program.
    

Adopted effective December 29, 1995; amended effective May 1, 1998; amended effective March 12, 1999; amended effective June 19, 2002.

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