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(A) MEDIATORS ARE IMPARTIAL, COMPETENT, AND UPHOLD THE STANDARDS OF
PRACTICE PURSUANT TO THIS ARTICLE.
(B) MEDIATION SERVICES AND CASE MANAGEMENT PROCEDURES IMPLEMENT STATE
LAW AND ALLOW SUFFICIENT TIME FOR PARTIES TO RECEIVE ORIENTATION,
PARTICIPATE FULLY IN MEDIATION, AND DEVELOP A COMPREHENSIVE PARENTING
PLAN WITHOUT UNDULY COMPROMISING EACH PARTY'S RIGHT TO DUE PROCESS AND A
TIMELY RESOLUTION OF THE ISSUES.
(C) MEDIATION SERVICES DEMONSTRATE ACCOUNTABILITY BY:
(I) PROVIDING FOR ACCEPTANCE OF AND RESPONSE TO COMPLAINTS ABOUT A
MEDIATOR'S PERFORMANCE;
(II) PARTICIPATING IN STATEWIDE DATA COLLECTION EFFORTS; AND
(III) DISCLOSING THE USE OF INTERNS TO PROVIDE MEDIATION SERVICES.
(D) THE MEDIATION PROGRAM USES A DETAILED INTAKE PROCESS THAT SCREENS
FOR AND INFORMS THE MEDIATOR ABOUT ANY RESTRAINING ORDERS OR SAFETY-RE-
LATED ISSUES AFFECTING ANY PARTY OR CHILD NAMED IN THE PROCEEDINGS TO
ALLOW COMPLIANCE WITH RELEVANT LAW OR COURT RULES BEFORE MEDIATION
BEGINS.
(E) WHENEVER POSSIBLE, MEDIATION IS AVAILABLE FROM BILINGUAL MEDIATORS
OR OTHER INTERPRETER SERVICES.
(F) MEDIATION SERVICES PROTECT PARTY CONFIDENTIALITY IN:
(I) STORAGE AND DISPOSAL OF RECORDS AND ANY PERSONAL INFORMATION ACCU-
MULATED DURING THE MEDIATION PROCESS;
(II) INTERAGENCY COORDINATION OR COOPERATION REGARDING A PARTICULAR
FAMILY OR CASE; AND
(III) MANAGEMENT OF CHILD ABUSE REPORTS AND RELATED DOCUMENTS.
2. EACH MEDIATOR SHALL:
(A) MAINTAIN AN OVERRIDING CONCERN TO INTEGRATE THE CHILD'S BEST
INTERESTS WITHIN THE FAMILY CONTEXT.
(B) INFORM THE PARTIES AND ANY COUNSEL FOR A MINOR CHILD IF THE MEDIA-
TOR WILL MAKE A RECOMMENDATION TO THE COURT THAT THE COURT SHOULD
APPOINT AN ATTORNEY TO REPRESENT THE MINOR CHILD. THE MEDIATOR SHALL
INFORM THE COURT OF THE REASONS WHY IT WOULD BE IN THE BEST INTERESTS OF
THE CHILD TO HAVE AN ATTORNEY APPOINTED.
(C) USE REASONABLE EFFORTS AND CONSIDER SAFETY ISSUES TO:
(I) FACILITATE THE FAMILY'S TRANSITION AND REDUCE ACRIMONY BY HELPING
THE PARTIES IMPROVE THEIR COMMUNICATION SKILLS, FOCUS ON THE CHILD'S
NEEDS AND AREAS OF STABILITY, IDENTIFY THE FAMILY'S STRENGTHS, AND
LOCATE COUNSELING OR OTHER SERVICES;
(II) DEVELOP A COMPREHENSIVE PARENTING AGREEMENT THAT ADDRESSES EACH
CHILD'S CURRENT AND FUTURE DEVELOPMENTAL NEEDS; AND
(III) CONTROL THE POTENTIAL POWER IMBALANCES BETWEEN THE PARTIES
DURING MEDIATION.
S 79-C. MEDIATION PROCESS. 1. ALL PARENT-MEDIATION PROGRAM PROCESSES
SHALL BE CONDUCTED IN ACCORDANCE WITH STATE LAW AND SHALL INCLUDE:
(A) REVIEW OF THE INTAKE FORM AND COURT FILE, IF AVAILABLE, BEFORE THE
START OF MEDIATION.
(B) ORAL AND WRITTEN ORIENTATION OR PARENT EDUCATION THAT FACILITATES
THE PARTIES' INFORMED AND SELF-DETERMINED DECISION-MAKING ABOUT:
(I) THE TYPES OF DISPUTED ISSUES GENERALLY DISCUSSED IN MEDIATION AND
THE RANGE OF POSSIBLE OUTCOMES FROM THE MEDIATION PROCESS;
(II) THE MEDIATION PROCESS, INCLUDING: THE MEDIATOR'S ROLE; THE
CIRCUMSTANCES THAT MAY LEAD THE MEDIATOR TO MAKE A PARTICULAR RECOMMEN-
DATION TO THE COURT; LIMITATIONS ON THE CONFIDENTIALITY OF THE PROCESS;
AND ACCESS TO INFORMATION COMMUNICATED BY THE PARTIES OR INCLUDED IN THE
MEDIATION FILE;
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(III) HOW TO MAKE BEST USE OF INFORMATION DRAWN FROM CURRENT RESEARCH
AND PROFESSIONAL EXPERIENCE TO FACILITATE THE MEDIATION PROCESS,
PARTIES' COMMUNICATION, AND CO-PARENTING RELATIONSHIP; AND
(IV) HOW TO ADDRESS EACH CHILD'S CURRENT AND FUTURE DEVELOPMENTAL
NEEDS.
(C) INTERVIEW WITH CHILDREN AT THE MEDIATOR'S DISCRETION. THE MEDIATOR
MAY INTERVIEW THE CHILD ALONE OR TOGETHER WITH OTHER INTERESTED PARTIES,
INCLUDING STEPPARENTS, SIBLINGS, NEW OR STEPSIBLINGS, OR OTHER FAMILY
MEMBERS SIGNIFICANT TO THE CHILD. IF INTERVIEWING A CHILD, THE MEDIATOR
SHALL:
(I) INFORM THE CHILD IN AN AGE-APPROPRIATE MANNER OF THE MEDIATOR'S
OBLIGATION TO DISCLOSE SUSPECTED CHILD ABUSE AND NEGLECT AND THE LOCAL
POLICIES CONCERNING DISCLOSURE OF THE CHILD'S STATEMENTS TO THE COURT.
(II) WITH PARENTAL CONSENT, COORDINATE INTERVIEW AND INFORMATION
EXCHANGE AMONG AGENCY OR PRIVATE PROFESSIONALS TO REDUCE THE NUMBER OF
INTERVIEWS A CHILD MIGHT EXPERIENCE.
(D) ASSISTANCE TO THE PARTIES, WITHOUT UNDUE INFLUENCE OR PERSONAL
BIAS, IN DEVELOPING A PARENTING PLAN THAT PROTECTS THE HEALTH, SAFETY,
WELFARE, AND THE BEST INTERESTS OF THE CHILD AND THAT OPTIMIZES THE
CHILD'S RELATIONSHIP WITH EACH PARTY BY INCLUDING, AS APPROPRIATE,
PROVISIONS FOR SUPERVISED VISITATION IN HIGH-RISK CASES; DESIGNATION FOR
LEGAL AND PHYSICAL CUSTODY; A DESCRIPTION OF EACH PARTY'S AUTHORITY TO
MAKE DECISIONS THAT AFFECT THE CHILD; LANGUAGE THAT MINIMIZES LEGAL,
MENTAL HEALTH, OR OTHER JARGON; AND A DETAILED SCHEDULE OF THE TIME A
CHILD IS TO SPEND WITH EACH PARTY, INCLUDING VACATIONS, HOLIDAYS, AND
SPECIAL OCCASIONS, AND TIMES WHEN THE CHILD'S CONTACT WITH A PARTY MAY
BE INTERRUPTED.
(E) EXTENSION OF TIME TO ALLOW THE PARTIES TO GATHER ADDITIONAL INFOR-
MATION IF THE MEDIATOR DETERMINES THAT SUCH INFORMATION WILL HELP THE
DISCUSSION PROCEED IN A FAIR AND ORDERLY MANNER OR FACILITATE AN AGREE-
MENT.
(F) SUSPENSION OR DISCONTINUANCE OF MEDIATION IF ALLEGATIONS OF CHILD
ABUSE OR NEGLECT ARE MADE UNTIL A DESIGNATED AGENCY PERFORMS AN INVESTI-
GATION AND REPORTS A CASE DETERMINATION TO THE MEDIATOR.
(G) TERMINATION OF MEDIATION IF THE MEDIATOR BELIEVES THAT HE OR SHE
IS UNABLE TO ACHIEVE A BALANCED DISCUSSION BETWEEN THE PARTIES.
(H) CONCLUSION OF MEDIATION WITH:
(I) A WRITTEN PARENTING PLAN THAT SUMMARIZES THE PARTIES' AGREEMENT OR
MEDIATOR'S RECOMMENDATION THAT IS GIVEN TO COUNSEL OR THE PARTIES BEFORE
THE RECOMMENDATION IS PRESENTED TO THE COURT.
(II) A WRITTEN OR ORAL DESCRIPTION OF ANY SUBSEQUENT CASE MANAGEMENT
OR COURT PROCEDURES FOR RESOLVING ONE OR MORE OUTSTANDING CUSTODY OR
VISITATION ISSUES, INCLUDING INSTRUCTIONS FOR OBTAINING TEMPORARY
ORDERS.
(I) RETURN TO MEDIATION TO RESOLVE FUTURE CUSTODY OR VISITATION
DISPUTES.
2. UPON THE COMPLETION OF THE MEDIATION PROCESS, THE MEDIATOR SHALL
SUBMIT A WRITTEN COPY OF THE MEDIATION AGREEMENT TO THE COURT. SUCH
AGREEMENT SHALL BE SIGNED BY BOTH PARENTS, INDICATING THEIR ASSENT TO
THE TERMS OF THE AGREEMENT.
S 79-D. TRAINING, CONTINUING EDUCATION, AND EXPERIENCE REQUIREMENTS
FOR MEDIATORS AND MEDIATION SUPERVISORS. 1. ALL MEDIATORS AND MEDIATION
SUPERVISORS MUST:
(A) COMPLETE A MINIMUM OF FORTY HOURS OF CUSTODY AND VISITATION MEDI-
ATION TRAINING WITHIN THE FIRST SIX MONTHS OF INITIAL EMPLOYMENT AS A
PARENT-MEDIATION PROGRAM MEDIATOR.
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(B) ATTEND RELATED CONTINUING EDUCATION PROGRAMS, CONFERENCES, AND
WORKSHOPS.
(C) PARTICIPATE IN PERFORMANCE SUPERVISION AND PEER REVIEW.
2. EACH MEDIATION SUPERVISOR SHALL ATTEND AT LEAST THIRTY-TWO HOURS OF
ADDITIONAL TRAINING EACH CALENDAR YEAR.
S 79-E. ETHICS. MEDIATION SHALL BE CONDUCTED IN AN ATMOSPHERE THAT
ENCOURAGES TRUST IN THE PROCESS AND A PERCEPTION OF FAIRNESS. TO THAT
END, MEDIATORS SHALL:
1. MEET THE PRACTICE AND ETHICAL STANDARDS ADOPTED BY THE LEGISLATURE
AND THOSE STANDARDS ADOPTED BY THE COURTS.
2. MAINTAIN OBJECTIVITY, PROVIDE AND GATHER BALANCED INFORMATION FOR
BOTH PARTIES, AND CONTROL BIAS.
3. PROTECT THE CONFIDENTIALITY OF THE PARTIES AND THE CHILD IN MAKING
ANY COLLATERAL CONTACTS AND NOT RELEASE INFORMATION ABOUT THE CASE TO
ANY INDIVIDUAL EXCEPT AS AUTHORIZED BY THE COURT OR STATUTE.
4. NOT OFFER ANY RECOMMENDATIONS ABOUT A PARTY UNLESS THAT PARTY HAS
BEEN EVALUATED DIRECTLY OR IN CONSULTATION WITH ANOTHER QUALIFIED
NEUTRAL PROFESSIONAL.
5. CONSIDER THE HEALTH, SAFETY, WELFARE, AND BEST INTERESTS OF THE
CHILD IN ALL PHASES OF THE PROCESS, INCLUDING INTERVIEWS WITH PARENTS,
EXTENDED FAMILY MEMBERS, COUNSEL FOR THE CHILD, AND OTHER INTERESTED
PARTIES OR COLLATERAL CONTACTS.
6. STRIVE TO MAINTAIN THE CONFIDENTIAL RELATIONSHIP BETWEEN THE CHILD
WHO IS THE SUBJECT OF AN EVALUATION AND HIS OR HER TREATING PSYCHOTHERA-
PIST.
7. OPERATE WITHIN THE LIMITS OF HIS OR HER TRAINING AND EXPERIENCE AND
DISCLOSE ANY LIMITATIONS OR BIAS THAT WOULD AFFECT HIS OR HER ABILITY TO
CONDUCT THE MEDIATION.
8. NOT REQUIRE CHILDREN TO STATE A CUSTODIAL PREFERENCE.
9. NOT DISCLOSE ANY RECOMMENDATIONS TO THE PARTIES, THEIR ATTORNEYS,
OR THE ATTORNEYS FOR THE CHILD BEFORE HAVING GATHERED THE INFORMATION
NECESSARY TO SUPPORT THE CONCLUSION.
10. DISCLOSE TO THE COURTS, PARTIES, ATTORNEYS FOR THE PARTIES, AND
ATTORNEYS FOR THE CHILD CONFLICTS OF INTEREST OR DUAL RELATIONSHIPS AND
NOT ACCEPT ANY APPOINTMENT EXCEPT BY COURT ORDER OR THE PARTIES' STIPU-
LATION.
11. BE SENSITIVE TO THE PARTIES' SOCIOECONOMIC, GENDER, RACE, ETHNICI-
TY, CULTURAL VALUES, RELIGIOUS, FAMILY STRUCTURE, AND DEVELOPMENTAL
CHARACTERISTICS.
12. DISCLOSE ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST. IN THE
EVENT OF A CONFLICT OF INTEREST, THE MEDIATOR SHALL SUSPEND MEDIATION
AND MEET AND CONFER IN AN EFFORT TO RESOLVE THE CONFLICT OF INTEREST TO
THE SATISFACTION OF ALL PARTIES OR ACCORDING TO LOCAL COURT RULES. THE
COURT MAY ORDER MEDIATION TO CONTINUE WITH ANOTHER MEDIATOR OR OFFER THE
PARTIES ALTERNATIVES. THE MEDIATOR CANNOT CONTINUE UNLESS THE PARTIES
AGREE IN WRITING TO CONTINUE MEDIATION DESPITE THE DISCLOSED CONFLICT OF
INTEREST.
S 2. Paragraph (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
(a) In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
A. 3986 5
and support, including any prior orders, and MAY REQUIRE THE PARENTS OF
SUCH CHILD TO PARTICIPATE IN A MEDIATION PROCESS THROUGH THE PARENT-MED-
IATION PROGRAM ESTABLISHED BY ARTICLE FIVE-B OF THIS CHAPTER. THE COURT
shall enter orders for custody and support [as] THAT CONFORM WITH THE
TERMS AND CONDITIONS OF THE MEDIATION AGREEMENT IF SUCH MEDIATION PROC-
ESS IS UTILIZED, BUT IF THE COURT DETERMINES THAT THE TERMS OF SUCH
AGREEMENT ARE UNFAIR OR UNJUST OR NO SUCH AGREEMENT EXISTS THEN, in the
court's discretion, AS justice requires[, having regard to]. IN REACH-
ING ITS DECISION THE COURT SHALL CONSIDER the circumstances of the case
and of the respective parties and [to] the best interests of the child
and SHALL BE subject to the provisions of subdivision one-c of this
section. Where either party to an action concerning custody of or a
right to visitation with a child alleges in a sworn petition or
complaint or sworn answer, cross-petition, counterclaim or other sworn
responsive pleading that the other party has committed an act of domes-
tic violence against the party making the allegation or a family or
household member of either party, as such family or household member is
defined in article eight of the family court act, and such allegations
are proven by a preponderance of the evidence, the court must consider
the effect of such domestic violence upon the best interests of the
child, together with such other facts and circumstances as the court
deems relevant in making a direction pursuant to this section and state
on the record how such findings, facts and circumstances factored into
the direction. If a parent makes a good faith allegation based on a
reasonable belief supported by facts that the child is the victim of
child abuse, child neglect, or the effects of domestic violence, and if
that parent acts lawfully and in good faith in response to that reason-
able belief to protect the child or seek treatment for the child, then
that parent shall not be deprived of custody, visitation or contact with
the child, or restricted in custody, visitation or contact, based solely
on that belief or the reasonable actions taken based on that belief. If
an allegation that a child is abused is supported by a preponderance of
the evidence, then the court shall consider such evidence of abuse in
determining the visitation arrangement that is in the best interest of
the child, and the court shall not place a child in the custody of a
parent who presents a substantial risk of harm to that child, and shall
state on the record how such findings were factored into the determi-
nation. An order directing the payment of child support shall contain
the social security numbers of the named parties. In all cases there
shall be no prima facie right to the custody of the child in either
parent. Such direction shall make provision for child support out of the
property of either or both parents. The court shall make its award for
child support pursuant to subdivision one-b of this section. Such direc-
tion may provide for reasonable visitation rights to the maternal and/or
paternal grandparents of any child of the parties. Such direction as it
applies to rights of visitation with a child remanded or placed in the
care of a person, official, agency or institution pursuant to article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy, of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment, modifica-
tion or enforcement of a child support obligation for persons not in
A. 3986 6
receipt of public assistance and care must contain either a request for
child support enforcement services which would authorize the collection
of the support obligation by the immediate issuance of an income
execution for support enforcement as provided for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has applied for
or is in receipt of such services; or a statement that the applicant
knows of the availability of such services, has declined them at this
time and where support enforcement services pursuant to section one
hundred eleven-g of the social services law have been declined that the
applicant understands that an income deduction order may be issued
pursuant to subdivision (c) of section fifty-two hundred forty-two of
the civil practice law and rules without other child support enforcement
services and that payment of an administrative fee may be required. The
court shall provide a copy of any such request for child support
enforcement services to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the copy of any such request
shall be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of the
employers and income payors of the party from whom child support is
sought or from the party ordered to pay child support to the other
party. Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to be made to
the support collection unit, as established in section one hundred
eleven-h of the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health insurance benefits available that may be
extended or obtained to cover the child, such parent is required to
exercise the option of additional coverage in favor of such child and
execute and deliver to such person any forms, notices, documents or
instruments necessary to assure timely payment of any health insurance
claims for such child.
S 3. Paragraph (a) of subdivision 1-b of section 240 of the domestic
relations law, as added by chapter 567 of the laws of 1989, is amended
to read as follows:
(a) The court shall make its award for child support pursuant to THE
TERMS AND CONDITIONS OF A MEDIATION AGREEMENT REACHED IN ACCORDANCE WITH
THE PROVISIONS OF ARTICLE FIVE-B OF THIS CHAPTER, IF SUCH PROCESS IS
UTILIZED. BUT IF THE COURT SHOULD DETERMINE THAT SUCH TERMS AND CONDI-
TIONS ARE NOT FAIR AND JUST, OR IF THE MEDIATION PROCESS IS NOT
UTILIZED, THEN THE COURT SHALL MAKE ITS AWARD FOR CHILD SUPPORT PURSUANT
TO the provisions of this subdivision. The court may vary from the
amount of the basic child support obligation determined pursuant to
paragraph (c) of this subdivision only in accordance with paragraph (f)
of this subdivision.
S 4. This act shall take effect immediately.