H.B. 4

This document includes House Committee Amendments incorporated into the bill on Mon, Jan 31, 2005 at 1:19 PM by ddonat. --> 1

DIVORCE MEDIATION PROGRAM
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ben C. Ferry
5
6 LONG TITLE
7 General Description:
8 This bill creates a domestic mediation program for divorce actions.
9 Highlighted Provisions:
10 This bill:
11 . creates a mediation program for divorce actions;
12 . makes the mediation program mandatory; and
13 . allows parties to be excused for good cause.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 ENACTS:
20 30-3-39, Utah Code Annotated 1953
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 30-3-39 is enacted to read:
24 30-3-39. Mediation program.
25 (1) There is established a mandatory domestic mediation program to help reduce the
26 time and tensions associated with obtaining a divorce.
27 (2) If, after the filing of an answer to a complaint of divorce, there are any remaining

28 contested issues, the parties shall participate in good faith in at least one session of mediation.
28a H. This requirement does not preclude the entry of pre-trial orders before mediation takes
28b place. .H
29 (3) The parties shall use a mediator qualified to mediate domestic disputes under
30 criteria established by the Judicial Council in accordance with Section 78-31b-5 .
31 (4) Unless otherwise ordered by the court or the parties agree upon a different payment
32 arrangement, the cost of mediation shall be divided equally between the parties.
33 (5) The director of dispute resolution programs for the courts H. , the court, .H or the
33a mediator may
34 excuse either party from the requirement to mediate for good cause.
35 (6) Mediation shall be conducted in accordance with the Utah Rules of Court-Annexed
36 Alternative Dispute Resolution.




Legislative Review Note
as of 12-7-04 1:09 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-07-04 8:03 AM

The Judiciary Interim Committee recommended this bill.

*HB0004*