By: Conley H.B. No. 277 73R1955 MJW-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to mandatory mediation of certain contested issues in a 1-3 suit affecting the parent-child relationship that is brought 1-4 concurrently with a suit for dissolution of a marriage. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 11, Family Code, is amended by adding 1-7 Subchapter C to read as follows: 1-8 SUBCHAPTER C. MANDATORY MEDIATION 1-9 Sec. 11.81. COURT TO ORDER MEDIATION. (a) A court shall 1-10 order mediation of each issue that relates to access to, possession 1-11 or conservatorship of, or support for a child and that is contested 1-12 in a suit affecting the parent-child relationship that is joined, 1-13 as required by Section 3.55 of this code, with a suit for divorce, 1-14 for annulment, or to declare a marriage void. 1-15 (b) The court shall set the contested issues for mediation 1-16 before the case is set for hearing. 1-17 Sec. 11.82. APPOINTMENT OF MEDIATOR. The court shall 1-18 appoint as a mediator an impartial third party who meets the 1-19 qualifications of Section 154.052, Civil Practice and Remedies 1-20 Code. 1-21 Sec. 11.83. DUTIES AND AUTHORITY OF MEDIATOR. (a) A 1-22 mediator shall: 1-23 (1) facilitate communication between the parties to 1-24 promote an agreement concerning contested issues; 2-1 (2) communicate to the parties information regarding 2-2 the effect on the child of dissolution of a marriage and possible 2-3 ways to ameliorate its detrimental aspects; and 2-4 (3) report promptly to the parties' counsel the terms 2-5 of an agreement reached by the parties. 2-6 (b) A mediator may recommend to the court: 2-7 (1) a resolution of the contested issues; and 2-8 (2) in appropriate cases, the issuance of one or more 2-9 restraining orders or other orders to protect the well-being of the 2-10 child involved. 2-11 Sec. 11.84. EXCLUSION OF COUNSEL. A mediator may exclude 2-12 counsel from participation in mediation proceedings if the mediator 2-13 reasonably believes that exclusion of counsel will facilitate an 2-14 agreement between the parties. 2-15 Sec. 11.85. HISTORY OF DOMESTIC VIOLENCE. In a case in 2-16 which domestic violence has been committed by either party, the 2-17 mediator shall, on request of a party, meet separately with the 2-18 parties. 2-19 Sec. 11.86. CONFIDENTIALITY OF COMMUNICATIONS. A 2-20 communication made by a participant in a mediation proceeding under 2-21 this subchapter is confidential in the manner provided by Section 2-22 154.073, Civil Practice and Remedies Code. 2-23 Sec. 11.87. EFFECT OF AGREEMENT. The court may incorporate 2-24 an agreement reached through mediation into an order of the court 2-25 only if each party, or the party's counsel of record, affirms the 2-26 agreement in open court or by written stipulation. 2-27 Sec. 11.88. COMPENSATION OF MEDIATOR. (a) The court may 3-1 set a reasonable fee for the services of a mediator. 3-2 (b) The court shall include a mediator's fee with other 3-3 costs of the suit unless the parties agree to an alternate method 3-4 of payment. 3-5 SECTION 2. The change in law made by this Act applies only 3-6 to a suit affecting the parent-child relationship commenced on or 3-7 after the effective date of this Act. 3-8 SECTION 3. This Act takes effect September 1, 1993. 3-9 SECTION 4. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended.