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.