H.B. 4 Enrolled

DIVORCE MEDIATION PROGRAM
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ben C. Ferry
Senate Sponsor: Gregory S. Bell

LONG TITLE
General Description:
This bill creates a domestic mediation program for divorce actions.
Highlighted Provisions:
This bill:
. creates a mediation program for divorce actions;
. makes the mediation program mandatory; and
. allows parties to be excused for good cause.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
30-3-39, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-3-39 is enacted to read:
30-3-39. Mediation program.
(1) There is established a mandatory domestic mediation program to help reduce the
time and tensions associated with obtaining a divorce.
(2) If, after the filing of an answer to a complaint of divorce, there are any remaining
contested issues, the parties shall participate in good faith in at least one session of mediation.

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