Committee amends family‑mediation statute to keep mediator summaries confidential unless parties sign and file agreement

The House Judiciary Committee considered House Bill 1048, which updates section 14‑09.107 of the North Dakota Century Code to align statutory language with current practice in the family mediation program.

Sarah Behrens, a staff attorney with the State Court Administrator's Office, explained that the present statute requires mediators to create a written agreement and present it to the court, language that conflicts with mediator confidentiality and ethics. "In practice, the mediator creates a written summary for the parties detailing what the parties did agree to," Behrens said. Parties sometimes decide not to file a signed agreement; the proposed change would make it clear the mediator's written summary is for the parties and not filed with the court unless the parties sign and submit an agreement.

Representative Twite moved to amend the bill to restore the word "shall" on the line requiring the mediator to prepare a written summary (page 1, line 7). The committee adopted that amendment on roll call (14–0). After additional brief discussion the committee voted to give the bill a "do pass as amended" recommendation (13–1). Representative Sue Ann Olsen was named the bill carrier.

Supporters told the committee the amendment places current practice into statute while protecting mediator confidentiality and clarifying that only a filed, signed agreement becomes a court document. Committee members asked whether a signed and filed agreement becomes final; Behrens said a signed stipulation filed with the court becomes an order and is typically accepted by the court unless it fails legal requirements.

With the amendment, the committee recommended HB 1048 for passage.