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Panel updates family-mediation statute to keep unsigned summaries out of court records
Summary
Committee approved an amendment and recommended passage of a bill that aligns family-mediation practice with mediator confidentiality obligations by allowing mediators to prepare summaries for parties rather than filing unsigned agreements with the court.
The House Judiciary Committee voted to recommend House Bill 1048, which revises Section 1409.107 of the North Dakota Century Code to reflect current family mediation practice and mediators’ confidentiality obligations. Sarah Behrens, a staff attorney in the state court administrator’s office, said mediators currently prepare written summaries of what parties discussed and agreed upon but do not always prepare or file a formal signed agreement for the court.
Behrens said a recent Supreme Court case highlighted confusion when parties had not signed a written agreement created after mediation. The bill aligns statute with practice by clarifying that mediators prepare a written summary for the parties, that the summary does not automatically become a court filing unless the parties sign and file it, and that the mediator will inform the court whether an agreement was reached.
Representative Bill Twite offered an amendment to restore the statutory word “shall” in one line so the mediator must prepare the written summary; the committee adopted that amendment on roll call. After brief discussion the committee voted 13–1 to give a do-pass recommendation as amended. Representative Sue Ann Olson was designated as the bill carrier in committee.
Proponents said the change protects mediator confidentiality and prevents unsigned draft summaries from being treated as enforceable court filings. No testimony in opposition was recorded in the hearing.
