Local Civil Rule 94.06W
         MANDATORY MEDIATION OF CHILD PLACEMENT AND VISITATION ISSUES


   (a) Effective Date.  This rule applies to all cases filed on or after
January 1, 1999.  Cases pending December 31, 1998 may be referred to mandatory
mediation upon order of the Court or agreement of the parties.

   (b) Child Placement Proceeding Defined.  For purposes of this rule, a child
placement proceeding shall be defined as any proceeding before the court in
which placement or visitation is at issue, except juvenile court dependency proceedings.

   (c) Mediation Required.  All placement or visitation issues shall be
referred to mandatory mediation at the status conference.  The mediation
requirement may be waived by the court for good cause.  A motion for waiver
shall be noted before the court.  An Order Waiving Mediation shall be filed
with the court prior to the case being set for settlement conference.

   (d) Superior Court Jurisdiction and Other Rules - Show Cause Hearings.  The
requirement of mediation shall not prevent the court or court commissioner from
entering temporary orders.

   (e) Referral to Mediation.

   (1) Note For Mandatory Mediation.  The party filing the note for Mandatory
Mediation shall do so upon the form prescribed by the court.

   (2) Choice of Mediator.  Parties may elect to have their case mediated by a
mediator of their choice through stipulation.  Family court mediators shall be
available for limited mediations services according to a fee schedule which may
be modified from time to time.  In the absence of a stipulation the court will
assign a mediator at the status conference.

   (3) Notice of Appointment as Mediator.  Notice of Appointment shall be
mailed to the mediator selected with copies being mailed or delivered to each
counsel or party.  Mediation shall commence within two weeks from the date of
appointment unless otherwise agreed to by the parties and the mediator.

   (f) Authority of Mediator.  The mediator has the authority to determine the
time, place, and duration of mediation.  In appropriate cases, the mediator
shall have the authority to terminate the mediation prior to completion.

   (g) Attendance.  Mediation session shall normally include the parties only,
but may, by agreement of the parties, include other persons.  Attendance at
mediation sessions is mandatory.

   (h) Declaration of Completion.  Within seven (7) days of completion, a
declaration of completion shall be filed by the mediator.  The counsel and
parties shall be advised by the mediator, on a separate document attached to
the declaration of completion, the results and recommendations of the mediator.
The mediator shall advise the court only whether an agreement has been reached.

   (i) Payment.  Family court mediators shall be paid by the parties, in
proportion to their respective incomes, unless either or both parties are
declared to be indigent or partially indigent.  For consideration of indigency,
Affidavits of Financial Status shall be executed by each party and a court
determination of the financial status shall be set by court order prior to the
commencement of mediation.  The family court mediation fee in indigent cases
shall be the current mandated fee set by the court.  In private pay cases, fee
schedules are set by individual mediators.  Fees to be paid by the court shall
be submitted for payment on the mediator's request for compensation.  Private
pay mediators are responsible for their own payment arrangements.

   (j) Mediation Unsuccessful.  If the parties fail to reach an agreement in
mediation of the issues of placement and visitation, a family court
investigation may be ordered.  The family court investigator shall not be the
same person who mediated the case.  Upon completion of the investigation,
written recommendation shall be filed with the court.

   (k) Confidentiality.  The work product of the mediator and all communications
during mediation shall be privileged and not subject to compulsory disclosure.
The mediator shall not appear or testify in any court proceedings.

   (l)  Child Advocate

   (1)  Appointment.  Upon motion of the parties or on the Court's own motion,
the court may appoint a child advocate who may be a Guardian Ad Litem or a
Court Appointed Special Advocate (CASA).  The order shall be the court's
mandated "Order Appointing CASA-Family Court Investigator or Guardian ad Litem" form.

   (2)  Notice.  Pursuant to the civil rules, from the date of the appointment,
the child advocate shall receive copies of all documents that are to be served on
parties, copies of all discovery, and notice of all hearings, presentations and
trials related to the child custody or visitation.

   (3)  Discharge.  Unless otherwise set forth in these rules, the child advocate
shall be discharged only by order of the Court upon motion or upon completion of the
case when the final orders are filed with the approval of the appointed child advocate.

   (4)  In any case where a child advocate has been appointed, prior to entry of
the final parenting plan or residential schedule, the child advocate must sign
a Declaration indicating the child advocate has reviewed the final order and
approves, does not approve, or approves in part.  If the child advocate does
not approve of all provisions in the final plan, the child advocate must state
in the Declaration what provisions are objected to and why.


[Adopted Effective September 1, 1998, amended effective September 1, 2008, September 1, 2011]