Greene County Family Court Local Rule
Rule 2.3(D)
Alternative Dispute Resolution Program
Pursuant to Supreme Court Rules 17 and 88.02 through 88.08, the Court adopts the following Alternative Dispute Resolution program. In every contested case involving Family Law disputes including: Dissolution of Marriage, Family Access, Modification and Paternity cases, participation in a minimum of two hours of mediation or other alternative dispute resolution process pursuant to this local court rule is required, unless waived by the Court for good cause shown.
In all contested actions to which this rules applies, except a Motion for Family Access, both parties to the Dissolution or Motion to Modify or Paternity action shall attend a court-approved educational session to educate parties on the availability and advantages of alternative dispute resolution. Each party shall attend said program within sixty (60) days of the date of service of process, or of receipt of the Petition or Motion if service is waived. Upon completion of this program, the parties shall present a Certificate of Compliance to the Court at the scheduled Case Management Conference. Counsel for the parties shall discuss alternative dispute resolution with the clients as required by Supreme Court Rule 17.02(b).
At a Case Management Conference an inquiry will be made as to the status of the case and appropriateness for referral of the case to mediation or other alternative dispute resolution process.
Policies, Procedures and Qualifications
The Family Court Administrator shall prepare and publish a policy and procedure manual that sets out the qualifications and educational requirements for the practitioners of the ADR processes approved in this Circuit.
The Family Court Administrative Judge shall appoint a standing ADR committee to establish and review the policies, procedures and qualifications.
The policies and procedures shall be reviewed at a minimum every three (3) years by the Family Court Administrative Judge to determine if changes are necessary. The policies and procedures may be amended at any time with at least twenty days public notice and public posting of the proposed changes and an opportunity for public input.
Alternative Dispute Resolution Methods available, but not limited to:
1. Early Neutral Evaluation
A process designed to bring parties of civil litigation and their counsel together in the early pre-trial period to present issues and case summaries before and receive a non-binding assessment from an experienced neutral evaluator. The objective is to promote early and meaningful communication concerning disputes, enabling parties to plan their cases effectively and assess realistically the relative strengths and weaknesses of their positions. While this confidential environment provides an opportunity to negotiate a resolution, immediate settlement is not the primary purpose of this process.
2. Mediation
A non-binding process involving a neutral mediator whom acts as a facilitator to assist the parties to craft a mutually acceptable resolution.
3. Arbitration
An adjudicative process by which a neutral person or persons decide the rights and obligations of the parties. It may be consensual, mandatory, non-binding, or binding, in accordance with Supreme Court Rule 17.06(c).
4. Mediation/Arbitration
Dispute resolution process where parties attempt to reach an agreement with the assistance of a third party neutral. If an agreement is not reached, the process moves to arbitration with the neutral becoming the arbitrator with decision-making authority as set out in Rule 17.06(c).
5. Collaborative Law
Collaborative Law is a process in which the parties retain specially trained counsel, who along with the parties, commit in writing, to use their best efforts and to make a good faith effort to reach a principled, negotiated settlement. The parties and their counsel shall not resort to judicial intervention except to have the Court approve the settlement agreement, and sign the orders required by law to effectuate the agreement of the parties as the Court determines appropriate. Through the use of four-way meetings between the parties and their counsel, the participants shall Sfocus on problem solving by identifying the interests of both clients, gathering sufficient information to insure that decisions are made with full knowledge, creating a full range of options, and then choosing the option that best meet the needs of the parties. The parties’ counsel may not serve as litigation counsel; except to ask the court to approve the settlement agreement.
6. Parenting Coordinator
An impartial third party, qualified as set out in the ADR Policy and Procedure Manual and appointed by the Court, to assist parties in resolving issues and deciding disputed issues as defined in the Policy and Procedure Manual that relate to parenting and other family issues, in any action for Dissolution of Marriage, Legal Separation, Paternity, or Guardianship where a minor child is involved and where the Court finds the parties demonstrate an ongoing pattern of one or more of the following:
- Litigation
- Anger and distrust
- Verbal abuse
- Physical aggression or threats of physical aggression
- Difficulty in communicating about or cooperating in the care of a child, or
- Conditions that, in the discretion of the Court, warrant the appointment of a parenting coordinator.
7. Therapeutic Family Mediation
Therapeutic Family Mediation is a model of family mediation that combines traditional mediation strategies and approaches with family therapy. Therapeutic Family Mediation is holistic in nature and takes into account a much broader range of issues than traditional family mediation. Issues addressed may include family history, communication dynamics, specific family challenges, and the unique contributions of culture, gender, diversity, and socio-economic influences. Individuals conducting Therapeutic Family Mediation should have a minimum of forty (40) hours of family mediation training and an advanced degree in counseling and or family therapy.