Grant Superior Court


		
		
                                                      LRMM 1.
                                   Grant County Superior Court Rule for Mediation

     (a) Mediation Required. Contested issues in family law cases are subject to mandatory mediation in accordance
with this rule. No trial or hearing shall be conducted to resolve any such issue until either (1) the parties have
engaged in mediation; or (2) the court has, for good cause, waived the mediation requirement of this rule. Attorneys
for the parties may attend mediation proceedings. Mediation proceedings must be completed prior to a note for trial
setting being filed.  Nothing in this rule shall be interpreted to require mediation of disputes concerning child
support, and mediation shall not be required in such disputes.

     (b) Family Law Cases.

     (1) Family law cases subject to mandatory mediation under this rule are as follows:

     a. Dissolution or declaration of invalidity of marriage or domestic partnership.

     b. Legal separation.

     c. Child custody proceedings involving parents, presumed or putative parents, de facto parents, or non-parents
(after a finding adequate cause when required).

     d. Paternity cases after entry of a judgment determining parentage.

     e. Proceedings to establish maintenance obligations.

     f. Proceedings relating to the termination of marriage-like relationships.

     (2) Unless otherwise ordered by the court, mediation under this rule is not required for the following cases or
issues:

     a. Dependency and termination cases.

     b. Contempt proceedings regarding compliance with court orders.

     c. Petitions for Domestic Violence Protection Orders.

     d. Adoption proceedings.

     e. Petitions for emancipation of a minor or for change of name.

     f. Motions to waive the requirements of this rule for good cause.

     (c) Contested Issues.

     (1) Contested issues subject to mandatory mediation under this rule include the following:

     a. Characterization, valuation and/or division of assets and debts.

     b. Establishment of final parenting plan or residential schedule.

     c. Modification of a final parenting plan or residential schedule after a finding of adequate cause.

     d. Modification of a temporary parenting plan or residential schedule.

     e. Establishment of maintenance (other than initial temporary order).

     f. Modification of temporary or permanent maintenance order.

     (2) Unless otherwise ordered by the court, contested issues subject to mandatory mediation under
this rule do not include the following:

     a. Entry of initial temporary support order.

     b. Entry of initial temporary parenting plan or residential schedule.

     c. Entry of other initial temporary orders, including restraining orders; orders for the use, possession,
disposition or preservation of assets; orders allocating responsibility for debt service; and similar temporary orders.

     (d) Waiver. On its own motion, or on motion of a party, the court may waive the mediation requirements or time
limits of this rule for good cause. Good cause will be presumed in cases where mediation would require a party
subjected to domestic violence to meet in close proximity with a perpetrator of that violence.

     (e) Refusal to Mediate.  If either party refuses to mediate without first having sought or obtained an order
waiving mediation, the other party may bring a motion to compel the refusing party to engage in mediation.  At the
hearing regarding the motion to compel mediation, the court may, in its discretion, assess terms, including attorney's
fees.  In the event that an order compelling mediation is granted, and the party against whom the order is entered
still refuses to mediate, then the court may, upon proper motion, grant such further relief as the court deems
appropriate, including any relief authorized by Civil Rule 37(b) of the Superior Court Civil Rules for the State of
Washington.

(Amended effective September 1, 2018).
		

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