Statutes: Nevada

1. Matters subject to mediation.

(a) Unless an action is exempt pursuant to subsection 13 of this rule, all new district court actions which involve a dispute regarding child custody, access or visitation shall be referred to mediation. Orders for protection against domestic violence shall not be referred to mediation unless by court order.

(b) Mediation of the dispute by the family mediation program or by private mediator must take place before the trial on custody, access and/or support.

2. Referral for mediation by the court. Referrals to mediation made by the court pursuant to subsection 1 of this rule shall be to the family mediation program.

3. Referral for mediation by individual party.

(a) If there is a disagreement between the parties concerning custody, access or visitation, and the matter has not been referred to mediation, either party or both parties may file with the court and serve upon the other party, or counsel, a “Request for Mediation.”

(b) The court may then refer the matter to the family mediation program.

4. Private mediation, selection.

(a) Parties may select by agreement a private mediator.

(b) The parties shall contract directly with the private mediator and be responsible for payment of fees for mediation services.

(c) The mediator has a right to withdraw from any case.

5. Private mediation, referral to private mediator.

(a) If a private mediator is selected, the parties or counsel, if any, shall file with the court a written notice that private mediation will take place.

(b) The notice shall set forth the name of the mediator and the date set for the first mediation conference.

6. Scheduling Mediation. Upon referral to the family mediation program a mediation orientation and conference will be scheduled which both parties must attend, unless other procedures are agreed upon pursuant to subsection 14 of this rule.

7. Mediation Conference.

(a) The mediator will conduct a conference in an effort to carry out the purpose of this rule.

(b) Counsel for the parties shall be provided an opportunity to confer with the mediator prior to the mediation conference and shall be excluded thereafter, where, in the discretion of the mediator, exclusion of counsel is deemed by the mediator to be appropriate or necessary.

(c) The mediator shall be entitled to interview the child or children when the mediator deems such interviews appropriate.

8. Mediation Report.

(a) If the mediation is successful in resolving any of the custody, access or visitation issues, such agreement shall be reduced to writing and submitted to the court for approval.

(b) In the event that no agreement is reached, the mediator shall notify the court that mediation has been concluded.

9. Failure to Appear for Mediation.

(a) If one or both parties fail to appear at any mediation conference, the mediator shall report to the court the identity of each person who failed to appear.

(b) The court shall take whatever action it deems necessary or appropriate.

10. Confidentiality of Mediation. Mediation proceedings shall be held in private, and all communications, verbal or written, made in the proceedings shall be confidential and shall not be disclosed even upon waiver of the privilege by either or both parties, except where the mediator is required to report any information which falls within the scope of the child abuse reporting requirements.

11. Subsequent Evaluation. The family mediation program mediator or private mediator shall not conduct an evaluation of the parties after an unsuccessful mediation unless the parties file a written notice consenting thereto signed by each party and counsel.

12. If an Order for Protection Against Domestic Violence has been obtained by either party against the other, an order of referral to mediation shall include:

(a) The fact that an Order for Protection Against Domestic Violence has been obtained; and

(b) The case number of the protection order action.

13. Exemption from Mediation.

(a) A party who believes a case is inappropriate for referral to mediation may seek an exemption from mediation.

(b) The party seeking an exemption must file a motion with the court.

(1) The motion should be filed with the initial pleading of the moving party.

(2) The motion may be filed at a later time if new information is obtained supporting a motion.

14. Inappropriate Cases.

(a) The family court mediation program shall establish procedures to assure that cases which are inappropriate for mediation or which may require special protocols for the protection of parties are screened prior to any contact between the parties in the mediation process.

(b) Mediation is not appropriate where:

(1) There are substantiated allegations or evidence of child abuse or neglect.

(2) The case involves multiple social agencies or psychiatric contacts for parents and/or children.

(3) The case is at the post-dissolution stage and has involved bitter conflict and frequent court appearances.

(4) A parent has serious psychological problems or has displayed severely anti-social modes of behavior.

(5) The mediator determines mediation is futile or impractical.

15. Support Persons.

(a) A party may have a third person present for support before and after meetings with the mediator, provided that the support person may not be present during mediation sessions.

(b) The Protection Order Advocate’s Office may assist in providing a support person in appropriate cases.

16. Fees for Service. Fees may be assessed to parties referred to mediation pursuant to NRS 3.500(2)(e) and family division policy.