633.560A Mediation. 1. The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any guardianship or conservatorship action. Mediationperformed under this section shall comply with the provisions of chapter 679C. The courtshall, upon application of a party, grant a waiver from any court-ordered mediation underthis section if the party demonstrates that a history of domestic abuse exists similarly asconsidered in section 598.41, subsection 3, paragraph 'j'. The court may, upon application ofa party, grant a waiver from any court-ordered mediation if the action involves elder abusepursuant to chapter 235F. 2. Mediation shall comply with all of the following standards:a. The parties must participate in good faith. Participation in mediation shall include attendance at a mediation session with the mediator and the parties to the action, listeningto the mediator’s explanation of the mediation process, presentation of one party’s view ofthe case, and listening to the response of the other party. Participation in mediation does notrequire that the parties reach an agreement. b. he mediation process, presentation of one party’s view ofthe case, and listening to the response of the other party. Participation in mediation does notrequire that the parties reach an agreement. b. Unless the parties agree upon a mediator, the court shall appoint a mediator. Any mediator appointed by the court shall meet the qualifications established in this section. c. Parties to the mediation shall have the right to representation by an attorney at all times.d. The parties to the mediation shall present any agreement reached through the mediation to their attorneys, if any. A mediation agreement reached by the parties shall notbe enforceable until approved by the court. e. The costs of mediation shall be borne by the parties, as agreed to by the parties, or as ordered by the court, and may be taxed as court costs. 3. A mediator appointed by the court acting pursuant to this section shall have the following qualifications: a. Completed a one-hour internet seminar or live session regarding the external resources available to a respondent with particular focus on resources for older persons. b. A minimum of twenty-five hours of general mediation training.c. nar or live session regarding the external resources available to a respondent with particular focus on resources for older persons. b. A minimum of twenty-five hours of general mediation training.c. Either of the following:(1) Fifteen hours of probate-specific or elder-specific mediation training.(2) Ten continuous years of practice in Iowa as a licensed attorney with the greater of four hundred hours or forty percent of the total hours of law practice per year being devoted tomatters concerning wills, trusts, and estate work for each of the ten continuous years. 2019 Acts, ch 57, §19, 43, 44; 2020 Acts, ch 1063, §348 Sat Dec 23 11:26:53 2023 Iowa Code 2024, Section 633.560A (9, 2)
Iowa Legal Code