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House approves pilot mediation program for divorcing parents

Utah House of Representatives · January 28, 1992

Summary

House Bill 79, which establishes a mandatory mediation pilot for custody and visitation in the Fourth District Court and sets mediator qualifications, passed the House 64–9 after amendments and a technical fix; indigent funding ($18,000) was noted.

The Utah House passed House Bill 79, a measure creating a mandatory mediation pilot program for divorcing parents in the Fourth District Court, by a recorded vote of 64–9.

Representative Hayman, sponsor of the measure, described the bill as focused on "the best interest of the child," creating an assessment mediation plus a follow-up mediation to address custody and visitation before litigating those issues. The pilot program sets qualifications for mediators — licensed attorneys, psychologists, social workers, marriage and family therapists or persons with at least 40 hours of mediation training — and places oversight with the Administrative Office of the Courts. Confidentiality rules and exceptions (for child abuse and mandated reporting) were clarified in floor amendments. The fiscal note for indigent coverage was listed at $18,000.

Floor debate emphasized the bill's child-centered goals and the potential to reduce emotional and financial costs of divorce. Supporters included members of the task force that drafted the bill, the Utah Association of Family Mediators, the Utah PTA, and endorsements cited from the chief justice and the American Academy of Pediatrics.

After adopting a technical amendment and debate, the House voted to pass HB79 and forward it to the Senate for consideration.

Votes and formal action: Voting was opened and closed; the clerk announced HB79 received 64 affirmative votes and 9 negative votes. The bill proceeds to the Senate.

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