State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-2937

43-2937. Court referralto mediation or specialized alternative dispute resolution; temporary relief;specialized alternative dispute resolution rule; approval; mandatory courtorder; when; waiver.(1) In addition to those cases that are mandatorily referredto mediation or specialized alternative dispute resolution under subsection(3) of this section, a court may, at any time in the proceedings upon itsown motion or upon the motion of either party, refer a case to mediation orspecialized alternative dispute resolution in order to attempt resolutionof any relevant matter. The court may state a date for the case to returnto court, and the court shall not grant an extension of such date except forcause. If the court refers a case to mediation or specialized alternativedispute resolution, the court may, if appropriate, order temporary relief,including necessary support and provision for payment of mediation costs.Court referral shall be to a mediator agreed to by the parties and approvedby the court, an approved mediation center, or a court conciliation program.The State Court Administrator's office shall develop a process to approvemediators under the Parenting Act.(2) Prior to July 1, 2010, if there are allegations of domesticintimate partner abuse or unresolved parental conflict between the partiesin any proceeding, mediation shall not be required pursuant to the ParentingAct or by local court rule, unless the court has established a specializedalternative dispute resolution rule approved by the State Court Administrator.The specialized alternative dispute resolution process shall include a methodfor court consideration of precluding or disqualifying parties from participating;provide an opportunity to educate both parties about the process; requireinformed consent from both parties in order to proceed; provide safety protocols,including separate individual sessions for each participant, informing eachparty about the process, and obtaining informed consent from each party tocontinue the process; allow support persons to attend sessions; and establishopt-out-for-cause provisions. On and after July 1, 2010, all trial courtsshall have a mediation and specialized alternative dispute resolution rulein accordance with the act.(3) Except as provided in subsection (4) ofthis section, for cases filed on or after July 1, 2010, all partieswho have not submitted a parenting plan to the court within the time specifiedby the court shall be ordered to participate in mediation or specialized alternativedispute resolution with a mediator, a court conciliation program, or an approvedmediation center as provided in section 43-2939.(4) For goodcause shown and (a) when both parents agree and such parental agreement isbona fide and not asserted to avoid the purposes of the Parenting Act, or(b) when mediation or specialized alternative dispute resolution is not possiblewithout undue delay or hardship to either parent, the mediation or specializedalternative dispute resolution requirement may be waived by the court. Insuch a case where waiver of the mediation or specialized alternative disputeresolution is sought, the court shall hold an evidentiary hearing and theburden of proof for the party or parties seeking waiver is by clear and convincingevidence. SourceLaws 2007, LB554, § 18; Laws 2008, LB1014, § 65; Laws 2010, LB901, § 3.Operative Date: July 1, 2010

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-2937

43-2937. Court referralto mediation or specialized alternative dispute resolution; temporary relief;specialized alternative dispute resolution rule; approval; mandatory courtorder; when; waiver.(1) In addition to those cases that are mandatorily referredto mediation or specialized alternative dispute resolution under subsection(3) of this section, a court may, at any time in the proceedings upon itsown motion or upon the motion of either party, refer a case to mediation orspecialized alternative dispute resolution in order to attempt resolutionof any relevant matter. The court may state a date for the case to returnto court, and the court shall not grant an extension of such date except forcause. If the court refers a case to mediation or specialized alternativedispute resolution, the court may, if appropriate, order temporary relief,including necessary support and provision for payment of mediation costs.Court referral shall be to a mediator agreed to by the parties and approvedby the court, an approved mediation center, or a court conciliation program.The State Court Administrator's office shall develop a process to approvemediators under the Parenting Act.(2) Prior to July 1, 2010, if there are allegations of domesticintimate partner abuse or unresolved parental conflict between the partiesin any proceeding, mediation shall not be required pursuant to the ParentingAct or by local court rule, unless the court has established a specializedalternative dispute resolution rule approved by the State Court Administrator.The specialized alternative dispute resolution process shall include a methodfor court consideration of precluding or disqualifying parties from participating;provide an opportunity to educate both parties about the process; requireinformed consent from both parties in order to proceed; provide safety protocols,including separate individual sessions for each participant, informing eachparty about the process, and obtaining informed consent from each party tocontinue the process; allow support persons to attend sessions; and establishopt-out-for-cause provisions. On and after July 1, 2010, all trial courtsshall have a mediation and specialized alternative dispute resolution rulein accordance with the act.(3) Except as provided in subsection (4) ofthis section, for cases filed on or after July 1, 2010, all partieswho have not submitted a parenting plan to the court within the time specifiedby the court shall be ordered to participate in mediation or specialized alternativedispute resolution with a mediator, a court conciliation program, or an approvedmediation center as provided in section 43-2939.(4) For goodcause shown and (a) when both parents agree and such parental agreement isbona fide and not asserted to avoid the purposes of the Parenting Act, or(b) when mediation or specialized alternative dispute resolution is not possiblewithout undue delay or hardship to either parent, the mediation or specializedalternative dispute resolution requirement may be waived by the court. Insuch a case where waiver of the mediation or specialized alternative disputeresolution is sought, the court shall hold an evidentiary hearing and theburden of proof for the party or parties seeking waiver is by clear and convincingevidence. SourceLaws 2007, LB554, § 18; Laws 2008, LB1014, § 65; Laws 2010, LB901, § 3.Operative Date: July 1, 2010

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-2937

43-2937. Court referralto mediation or specialized alternative dispute resolution; temporary relief;specialized alternative dispute resolution rule; approval; mandatory courtorder; when; waiver.(1) In addition to those cases that are mandatorily referredto mediation or specialized alternative dispute resolution under subsection(3) of this section, a court may, at any time in the proceedings upon itsown motion or upon the motion of either party, refer a case to mediation orspecialized alternative dispute resolution in order to attempt resolutionof any relevant matter. The court may state a date for the case to returnto court, and the court shall not grant an extension of such date except forcause. If the court refers a case to mediation or specialized alternativedispute resolution, the court may, if appropriate, order temporary relief,including necessary support and provision for payment of mediation costs.Court referral shall be to a mediator agreed to by the parties and approvedby the court, an approved mediation center, or a court conciliation program.The State Court Administrator's office shall develop a process to approvemediators under the Parenting Act.(2) Prior to July 1, 2010, if there are allegations of domesticintimate partner abuse or unresolved parental conflict between the partiesin any proceeding, mediation shall not be required pursuant to the ParentingAct or by local court rule, unless the court has established a specializedalternative dispute resolution rule approved by the State Court Administrator.The specialized alternative dispute resolution process shall include a methodfor court consideration of precluding or disqualifying parties from participating;provide an opportunity to educate both parties about the process; requireinformed consent from both parties in order to proceed; provide safety protocols,including separate individual sessions for each participant, informing eachparty about the process, and obtaining informed consent from each party tocontinue the process; allow support persons to attend sessions; and establishopt-out-for-cause provisions. On and after July 1, 2010, all trial courtsshall have a mediation and specialized alternative dispute resolution rulein accordance with the act.(3) Except as provided in subsection (4) ofthis section, for cases filed on or after July 1, 2010, all partieswho have not submitted a parenting plan to the court within the time specifiedby the court shall be ordered to participate in mediation or specialized alternativedispute resolution with a mediator, a court conciliation program, or an approvedmediation center as provided in section 43-2939.(4) For goodcause shown and (a) when both parents agree and such parental agreement isbona fide and not asserted to avoid the purposes of the Parenting Act, or(b) when mediation or specialized alternative dispute resolution is not possiblewithout undue delay or hardship to either parent, the mediation or specializedalternative dispute resolution requirement may be waived by the court. Insuch a case where waiver of the mediation or specialized alternative disputeresolution is sought, the court shall hold an evidentiary hearing and theburden of proof for the party or parties seeking waiver is by clear and convincingevidence. SourceLaws 2007, LB554, § 18; Laws 2008, LB1014, § 65; Laws 2010, LB901, § 3.Operative Date: July 1, 2010

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