Committee approves change letting mediators prepare summary but keep parties' signatures private

The House Judiciary Committee voted to recommend House Bill 1048 after adopting an amendment that restores a requirement that mediators prepare a written summary of family-mediation results for the parties but prevents the mediator from filing an unsigned agreement with the court.

Sarah Behrens, a staff attorney with the state court administrator's office, told the committee the current statute's language conflicted with mediator confidentiality and ethical duties. Under current practice mediators produce a written summary of what the parties agreed to; the parties then decide whether to convert that summary into a signed agreement and file it with the court. "Parties don't always end up filing that agreement," Behrens said, and the mediator should not be required to disclose an unsigned draft to the court.

Representative Bill Twite offered an amendment to reinstate the word "shall" so the mediator would prepare the written summary; the committee approved that amendment unanimously on a roll call. After further discussion the committee voted to recommend the bill "do pass as amended," and Representative Sue Ann Olsen volunteered to be the bill carrier.

Why it matters The change clarifies mediator duties and protects confidentiality by codifying current practice: the mediator prepares a written summary for the parties to use at their discretion, while the court is notified only whether mediation occurred and whether an agreement was reached. That avoids creating a court record containing an unsigned draft that the parties might later decline to adopt.

What to expect next The Judiciary Committee's do-pass recommendation will send the bill to the House floor with the committee's amendment. Representative Sue Ann Olsen is the committee's bill carrier.