HB287: Mediation; fee paid to mediators appointed in certain cases.
Be it enacted by the General Assembly of Virginia:
1. That § 20-124.4 of the Code of Virginia is amended and reenacted as follows:
§ 20-124.4. Mediation.
A. In any appropriate case the court shall refer the
parents or persons with a legitimate interest to a dispute resolution evaluation
orientation session to be conducted by a mediator certified pursuant
to guidelines promulgated by the Judicial Council at no cost and in accordance
with the procedures set out in Chapter 20.2 (§ 8.01-576.4 et seq.) of Title
8.01. In assessing the appropriateness of a referral, the court shall ascertain
upon motion of a party whether there is a history of family abuse. If an
agreement is not reached on any issue through further mediation as agreed to by
the parties, prior to the return date set by the court pursuant to §
8.01-576.5, the court shall proceed with a hearing on any unresolved issue,
unless a continuance has been granted by the court. The fee of a mediator
appointed in any custody, support or visitation case shall be $100 per
appointment and shall be paid by the Commonwealth from the funds appropriated
for payment of appointments made pursuant to subsection B of § 16.1-267.
B. The fee of the mediator shall be $100 per appointment mediated and shall be paid by the Commonwealth from the funds appropriated for payment of appointments made pursuant to subsection B of § 16.1-267. Any referral that includes both (i) custody or visitation and (ii) child or spousal support shall be considered two separate appointments.
Be it enacted by the General Assembly of Virginia:
1. That § 20-124.4 of the Code of Virginia is amended and reenacted as follows:
§ 20-124.4. Mediation.
A. In any appropriate case the court shall refer the
parents or persons with a legitimate interest to a dispute resolution evaluation
orientation session to be conducted by a mediator certified pursuant
to guidelines promulgated by the Judicial Council at no cost and in accordance
with the procedures set out in Chapter 20.2 (§ 8.01-576.4 et seq.) of Title
8.01. In assessing the appropriateness of a referral, the court shall ascertain
upon motion of a party whether there is a history of family abuse. If an
agreement is not reached on any issue through further mediation as agreed to by
the parties, prior to the return date set by the court pursuant to §
8.01-576.5, the court shall proceed with a hearing on any unresolved issue,
unless a continuance has been granted by the court. The fee of a mediator
appointed in any custody, support or visitation case shall be $100 per
appointment and shall be paid by the Commonwealth from the funds appropriated
for payment of appointments made pursuant to subsection B of § 16.1-267.
B. The fee of the mediator shall be [ $120
$100 ] per appointment mediated and shall be paid by the Commonwealth
from the funds appropriated for payment of appointments made pursuant to
subsection B of § 16.1-267. Any referral that includes both (i) custody or
visitation and (ii) child or spousal support shall be considered two separate
appointments.
HOUSE BILL NO. 287
Be it enacted by the General Assembly of Virginia:
1. That § 20-124.4 of the Code of Virginia is amended and reenacted as follows:
§ 20-124.4. Mediation.
A. In
any appropriate case the court shall refer the parents or persons with a
legitimate interest to a dispute resolution evaluation
orientation session
to be conducted by a mediator certified pursuant to guidelines promulgated by
the Judicial Council at no cost and in accordance with the procedures set out
in Chapter 20.2 (§ 8.01-576.4 et seq.) of Title 8.01. In assessing the
appropriateness of a referral, the court shall ascertain upon motion of a party
whether there is a history of family abuse. If an agreement is not reached on
any issue through further mediation as agreed to by the parties, prior to the
return date set by the court pursuant to § 8.01-576.5, the court shall proceed
with a hearing on any unresolved issue, unless a continuance has been granted
by the court. The fee of a mediator
appointed in any custody, support or visitation case shall be $100 per
appointment and shall be paid by the Commonwealth from the funds appropriated
for payment of appointments made pursuant to subsection B of § 16.1-267.
B. The fee of the mediator shall be $120 per appointment mediated and shall be paid by the Commonwealth from the funds appropriated for payment of appointments made pursuant to subsection B of § 16.1-267. Any referral that includes both (i) custody or visitation and (ii) child or spousal support shall be considered two separate appointments.