HCCLR 11
              Mandatory Mediation in Family Law Cases


  (A) All contested issues in every family law case, except
      matters limited to child support, establishment of
      paternity, or the existence of adequate cause, shall be
      submitted to mandatory mediation before proceeding to trial.
      This shall include, but not be limited to dissolutions,
      legal separations, declarations of invalidity, residential
      placement, parenting plans, and petitions to change or
      modify same. No such contested matter shall be set for trial
      without proof of commencement of mediation proceedings.
      Mediation shall be completed 30 days prior to trial. The
      mediation requirement or time limits may be waived or modified
      by the Court upon motion for good cause shown or
      upon the Court's motion.  The parties shall mediate in good
      faith.  Sanctions may be imposed by the Court against a
      party found not to have participated in mediation in good
      faith, including, but not limited to all costs of mediation,
      attorney fees, and costs.

  (B) Mediation No Stay.  Mediation does not stay or
      otherwise affect the rights and duties of the parties
      established by statute, court rule, or court order. The
      Court may enter temporary orders and the parties may conduct
      discovery prior to or during the mediation process.

  (C) Selection of Mediator.  The parties may choose their
      own mediator approved by the Court.  Absent an agreement,
      upon motion of either party,  the Court will select a
      mediator.  The parties are responsible for the cost of
      mediation equally unless otherwise ordered by the Court.

  (D) Authority of Mediator.  The mediator has the authority
      to set the time, place, manner, duration of mediation,and
      retainer required to be paid by both parties before
      mediation will commence.  The mediator also has the right to
      terminate mediation.

  (E) Attendance.  The parties shall personally attend
      mediation sessions, unless leave is granted by the mediator
      to appear telephonically.  The mediator shall have authority
      to require other persons to attend.

  (F) Declaration of Completion.  Within seven (7) days of
      completion of mediation, a declaration of completion shall
      be filed with the Court by the mediator.  The parties shall
      be advised by the mediator of the results of mediation in
      writing.  The mediator shall advise the Court whether or not
      an agreement has been reached on some or all of the issues.

  (G) Payment.  Mediators shall be paid by the parties in
      accordance with their agreement, and if none, as determined
      in mediation.

  (H) Confidentiality.  The work product of the mediator and
      all communications to the mediator during the mediation
      process are confidential and may not be disclosed. The
      mediator shall not appear to testify in any court action.

  (I) Effective Date.  This rule shall apply to all cases,
      petitions, or motions described in section (A) filed on or
      after September 1, 2003.


(Effective 9/1/03)