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Family Law Mediation

What is mediation?

Mediation is an opportunity for people to talk together and make their own decisions on what to do next, with the help of a neutral mediator. Mediation is private and confidential. In mediation, you can tell the other person what is important to you about the situation and how it has affected you. You can tell them what you want them to understand. You can ask questions. You can hear what they have to say. Sometimes mediation is the only chance people have to talk directly to each other, to talk things through, to be heard. Most of the time, people hear new information in mediation. Often, people feel heard for the first time. There is no agreement in mediation unless you both agree to it. Most people are sure that mediation won’t work for them, yet over 70% of the people who mediate reach an agreement. When people do reach agreement, they save money and time and they make their own decisions. Even when people do not reach an agreement in mediation, the often find that they are clearer on what to do next and better able to move on.

When is mediation required?

The Code of Iowa allows the court to order parties to participate in mediation of domestic relations cases. (Iowa Code Sec. 598.7)

What are the advantages of mediation?

  1. Decision-making remains with the parents. When the parents have created the agreement, they are more likely to cooperate with its terms;
  2. The parents work together to solve disputes regarding their children;
  3. It is informal, quicker, private, and less costly; and
  4. The children’s emotional well-being is greatly improved when parents cooperate and maintain a relationship with their children.

What does the mediator do?

The mediator provides a safe and impartial setting for parents to discuss issues and facilitates the discussion on co-parenting your children. The mediator begins with the premise that children need a relationship with each parent and the care of each parent.

What does mediation cost?

Each mediator has a set hourly rate for mediation. The cost of mediation is split equally between the parents and paid at the time of each session. If you cannot afford a mediator you can ask the court to have a mediator appointed at no cost. This is the form (Word Doc) you must use and you must also attach a completed financial affidavit (Doc) with your request.

What issues may be mediated?

Practically any issue disputed between parents can be mediated including how much time the child spends in each home, vacations, out-of-state travel, church attendance, activity participation, medical/dental issues, education, etc.  The confidentiality of mediation is protected by a contract between the parties and the mediator.  The mediator can be made to testify only under extraordinary circumstances.  A mediator is prohibited from communicating information to any third party about the parents’ behavior or statements unless child abuse is involved or a credible threat of harm to a party or third party.  The mediator may report whether the parent appeared for the scheduled mediation session and whether the mediation was successful or not.

How long does mediation last?

In most cases, the mediation sessions last one to two hours and continue so long as the parents agree and progress is made.  When a parent lives elsewhere, sometimes longer mediation sessions are held for the convenience of the parties.  The number of sessions needed to complete an agreement is influenced by the parents’ cooperation and the difficulty of the issues.  For specific requirements for mediation, please review Mediation Form 1.

What role do attorneys play in the mediation process?

Your attorney can prepare you for the mediation process and answer questions during the process.    You may also consult with your attorney by phone during the mediation session.  Parties may also have their attorney participate in the mediation session with them.  Parties can decide what issues beyond the parenting agreement they want to mediate, including property settlement.  Parties may also request the mediator to prepare the agreement of terms to be submitted to the court for consideration for a stipulated decree.  The Iowa Supreme Court Rules governs how much child support shall be paid by each party.

What are the chances of mediation being successful?

Mediation succeeds when the parents cooperate on behalf of their children, rather than compete for them.  Parenting plans work best when both parents participate and agree to the co-parenting arrangement.  Mediation has been very successful in minimizing the trauma of divorce on the parents and the children.  In addition, mediation can help to review many other property division issues and identify options that may be available to resolve property disputes.

What happens after the mediation agreement is signed?

Each parent will receive a signed copy of the mediation agreement.  Parties are encouraged to consult with their attorney and agree on having one of the attorneys submit it to the court for approval.  If there are no attorneys, the parties may request the mediator to prepare agreed upon terms of settlement.

What if mediation fails?

The court will make decisions about what will happen after a trial is conducted.

Where can I find additional information about mediation?

Black Hawk County Assignment of Mediators

Dubuque County Assignment of Mediators

Mediation Forms

Mediation Form 1: Order Re Mediation (PDF)

Mediation Form 2: Black Hawk Assignment of Mediator (PDF)

Mediation Form 2A: DBQ Assignment of Mediator (PDF)

Mediation Form 3: Election of a Mediator (Doc)

Mediation Form 4: Application for a Reduced Rate (Doc)

Mediation Form 4A: Financial Affidavit for Reduced Rate Mediation Fee (Doc)

Mediation Form 5: Order On Application For Reduced Rate Mediation Fee (Doc)

Mediation Form 6: Application For Exemption From Mediation As A Result Of Domestic Violence (Doc)

Mediation Form 6A: Affidavit of Domestic Violence (Doc)

Mediation Form 7: Order On Application For Exemption From Mediation As A Result Of Domestic Violence (Doc)

Mediation Form 8: Application For Exemption From Mediation By Way Of Settlement (Doc)

Mediation Form 9: Order Exempting Parties From Mediation Because Of Settlement (Doc)

Mediation Form 10: Application For Exemption From Mediation Because Of Default Judgment (Doc)

Mediation Form 11: Order Exempting Parties From Mediation Because Default Judgment Entered (Doc)

Mediation Form 12: Mediator’s Disclosure Of Conflicts Of Interest (Doc)

Mediation Form 13: Mediator’s Certificate Of Compliance With Requirements For Mediation On Temporary Matters (Doc)

Mediation Form 14: Mediator’s Certificate Of Compliance With Requirements For Mediation (Doc)

Mediation Form 16: Application For Hearing As A Result Of Non-Compliance (Doc)

Mediation Form 17: Order On Application of Non-Compliance (Doc)

Mediation Form 18: Application For Exemption From Mediation Due To Incarceration (Doc)

Mediation Form 19: Order On Application for Exemption From Mediation Due To Incarceration (Doc)

Mediation Form 20: Mediator Guidelines (PDF)

Mediation Form 21: Enrollment Form (Doc)

Mediation Form 22: Administrative Directive (PDF)

Mediation Form 23: Order for Hearing on Temporary Matters (Doc)

Mediation Form 24: Mediator Form for Non-Compliance (Doc)

Children in the Middle

Mandatory Education for Divorcing Parents

Iowa law requires that parties to any action which involves the issues of child custody or visitation must attend a court-approved course about the affects of divorce on children. In all judicial districts, there are courses such as “Children in the Middle or Children Cope with Divorce. These classes are designed to help minimize the negative impact of divorce on children and educate parents about the needs of children whose parents are divorcing.

Parents are required to attend within forty-five days of the service of original notice or application for modification of an order. A final decree shall not be entered until the parties have complied with this requirement, but under certain circumstances attendance can be waived by the court.

Each participant must pay a fee. Other persons, such as grandparents may also attend for a fee. The registration procedure for each provider may vary, so participants should call to get specific information when planning to attend a class.

Court approved courses are listed by district:

District 1

Serving the counties of Allamakee, Black Hawk, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Grundy, Howard, Winneshiek

Please note that any on-line children in the middle courses are NOT approved or certified for use in the First Judicial district.

Hawkeye Community College
Children in the Middle
Cedar Falls Center
P.O.Box 8015
Waterloo, IA 50704-8015
319-277-2490

Northeast Iowa Community College (primary location)
Calmar Campus 
PO Box 400
1625 Highway 150
Calmar IA 52132
563.562.3263, ext 399
800.728.2256, ext 399

Parenting Solutions
Cedar Falls, IA
www.parenting-solutions.org

Town Clock Center for Professional Development (2nd location)
Dubuque IA
563.557.8271, ext 380
888.642.2338, ext 380

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