NDRCt

RULE 10.3. ELECTRONIC COURT SEALS

Wed, 05 Mar 2025 20:48:49 GMT

“Electronic seal” means an electronic image of a seal of the court or clerk. Any requirement that a court document be affixed with a seal is satisfied if the document bears an electronic seal of the court and an electronic image of the signature or electronic facsimile signature of the judge, clerk, or other authorized person. The state court administrator may prescribe the format and appearance of an electronic image adopted for use as an official seal.

RULE 5.5. CIVIL COMPROMISE

Tue, 04 Mar 2025 22:16:47 GMT

(a) A defendant charged with a misdemeanor or infraction may enter into a civil compromise with the injured person under N.D.C.C. § 29-01-16.

(b) If a compromise is obtained, the defendant must provide notice to the court and serve the notice on all parties. Any objection must be filed within 14 days of service of the notice. The notice must be accompanied by:

(1) a declaration from the injured person acknowledging that the injured person has received satisfaction for the injury and consents to the discharge;

(2) a brief explaining that the legal requirements for a stay of the proceedings and discharge of the defendant have been satisfied in the matter; and

(3) a proposed order to stay proceedings and discharge the defendant from prosecution.

RULE 11.9. LIMITED REPRESENTATION

Wed, 28 Feb 2024 17:02:56 GMT

(a) Preparation of Pleadings. An attorney who complies with Rule 1.2 of the N.D. Rules of Prof. Conduct, may prepare pleadings, briefs, and other documents to be filed with the court by a self-represented party. The attorney's preparation of pleadings, briefs, or other documents does not constitute an appearance by the attorney in the case and no notice under Rule 11.9(b)(2) is required. Any filing prepared under this paragraph must be signed by the party designated as “self-represented.”

(b) Limited Appearance.

(1) In General. An attorney who complies with Rule 1.2 of the N.D. Rules of Prof. Conduct may make a “limited appearance” on behalf of an otherwise self-represented party involved in a proceeding to which these rules apply.

(2) Notice. An attorney who makes a limited appearance on behalf of an otherwise self-represented party must serve a notice of limited appearance on each party involved in the matter. The notice must state precisely the scope of the limited appearance. An attorney who seeks to act beyond the stated scope of the limited appearance must serve an amended notice of limited appearance.

(3) Completion. Within 14 days of completing the limited appearance, the attorney must file a "Certificate of Completion of Limited Appearance" with the court. Copies of the certificate must be provided to the client and served upon opposing counsel or opposing party if unrepresented. After the filing, the attorney has no further obligation to represent the client. The filing of the certificate is considered to be the attorney's withdrawal of appearance and does not require court approval.

(c) Scope of Rule. The requirements of N.D.R.Civ.P. 11 apply to every pleading, written motion and other paper signed by an attorney acting within the scope of a limited representation.

RULE 8.15. ABUSIVE LITIGATION

Wed, 02 Aug 2023 14:59:54 GMT

(a) In General. An opposing party seeking protection from abusive litigation under N.D.C.C. ch. 14-07.6 must make a motion under Rule 3.2. Filing of the motion stays the proceeding until issuance of the order for judgment under subdivision (d).

(b) Required Documentation. The motion must be accompanied by a declaration or other admissible evidence establishing that the filing party engaged in abusive litigation as defined by N.D.C.C. § 14-07.6-01(1).

(c) Attorneys’ Fees. A claim for attorneys’ fees and costs allowed under N.D.C.C. § 14-07.6-02(2) must be made by declaration submitted after the order restricting abusive litigation is granted. The declaration must:

(1) be served and filed within 21 days after entry of the order;

(2) provide details supporting the amount of and services for the reasonable attorneys’ fees and costs sought.

(d) Judgment. After determining attorneys’ fees and costs, the court must order entry of judgment in the matter. The order for judgment must:

(1) dispose of the abusive litigation with prejudice as required under N.D.C.C. § 14-07.6-02(1);

(2) impose all costs of the abusive litigation against the filing party as required under N.D.C.C. § 14-07.6-02(2);

(3) award the opposing party reasonable attorneys’ fees and costs associated with responding to the abusive litigation as required under N.D.C.C. § 14-07.6-02(2);

(4) restrict future litigation by the filing party against the opposing party by prohibiting the filing party from commencing any new litigation against the opposing party without first obtaining leave of the court; and

(5) specify whether any part of the litigation may proceed as non abusive under N.D.C.C. § 14-07.6-03.

RULE 11.8. LIMITED PROFESSIONAL GUARDIAN PRACTICE

Thu, 07 Oct 2021 21:09:45 GMT

(a) Purpose. The purpose of this rule is to authorize nonlawyer agents of a professional guardianship entity to prepare and file legal documents in guardianship proceedings. A professional guardian is defined by N.D. Sup. Ct. Admin. R. 59.

(b) Scope of practice authorized. A nonlawyer agent of a professional guardian legal entity may prepare and file legal documents or appear on behalf of the professional guardian legal entity in the following instances:

(1) Submitting beginning inventory reports, annual reports, final reports, and other routine reports required by statute or rule;

(2) Filing a motion for:

(A) a change of venue to another state district court in North Dakota;

(B) termination of guardianship due to death of ward;

(D) approval of guardian compensation and reimbursement;

(E) leave to appear, or for the ward to appear, at a hearing by reliable electronic means; or

(F) a review hearing.

A nonlawyer agent of a professional guardian legal entity may only prepare and file legal documents for cases in which the professional guardian legal entity has been appointed.

(c) Contested proceedings. If a proceeding identified in subdivision (b) becomes contested, the professional guardian legal entity must engage an attorney to represent the professional guardian legal entity.

RULE 11.8. LIMITED PROFESSIONAL GUARDIAN PRACTICE

Thu, 07 Oct 2021 21:09:45 GMT

(a) Purpose. The purpose of this rule is to authorize professional guardians of incapacitated adults acting as nonlawyer agents of a professional guardianship entity to prepare and file legal documents in specified uncontested legal proceedings. A professional guardian is defined by N.D. Sup. Ct. Admin. R. 59.

(b) Scope of practice authorized. A nonlawyer agent of a professional guardian legal entity who prepares and files legal documents or appears on behalf of the professional guardian legal entity in the following legal proceedings is not engaged in the unauthorized practice of law:

(1) Submission of beginning inventory reports, annual reports, final reports, and other routine reports required by statute or rule;

(2) Request for a change of venue to another state district court in North Dakota;

(3) Termination of guardianship due to death of Ward; or

(4) Discharge of guardian and appointment of a successor professional guardian legal entity. A nonlawyer agent of a professional guardian legal entity may only prepare and file legal documents for cases in which the professional guardian legal entity has been appointed.

(c) Contested proceedings. If a proceeding identified in subdivision (b) becomes contested, the nonlawyer agent of a professional guardian legal entity must engage an attorney to file any further documents and no longer may appear on behalf of the professional guardian legal entity.

APPENDIX J, FORM B. NOTICE OF FILING COMPLAINT

Tue, 12 Feb 2019 20:12:33 GMT

STATE OF NORTH DAKOTA,	In District Court
County of _______.	_____ Judicial District
A. B., Plaintiff
vs.	NOTICE OF FILING COMPLAINT
C. D., Defendant

I hereby certify that on _______________________ the complaint in the above entitled matter was filed with the Clerk of Court.

Dated this______day of_________________________,_________.

______________________________
Name

______________________________
Street Address

______________________________
City, State, Zip

______________________________
E-mail address

______________________________
Telephone Number

______________________________
Bar ID number

APPENDIX J, FORM A. CERTIFICATE OF ELECTRONIC SERVICE

Tue, 12 Feb 2019 20:11:47 GMT

STATE OF NORTH DAKOTA,	In District Court
County of _______.	_____ Judicial District
A. B., Plaintiff
vs.	CERTIFICATE OF ELECTRONIC SERVICE
C. D., Defendant

I hereby certify that on _______________________ the following documents:
________________________________________________________ ________________________________________________________

were filed electronically with the Clerk of Court through the Odyssey system for electronic service through Odyssey on the following:
________________________________________________________ ________________________________________________________

I further certify that a copy of these documents will be served under N.D.R.Civ.P. 5(b)(3) on the following persons who are exempt from service through Odyssey:
________________________________________________________ ________________________________________________________

SUPPLEMENT 2. ABA MODEL STANDARDS OF PRACTICE FOR FAMILY AND DIVORCE MEDIATION

Tue, 12 Feb 2019 20:11:01 GMT

Overview and Definitions

Family and divorce mediation ("family mediation" or "mediation") is a process in which a mediator, an impartial third party, facilitates communication between people in family disputes and facilitates their voluntary and informed decision-making. The family mediator assists communication, encourages understanding and helps the participants to understand each other. The family mediator works with the participants to explore options, make decisions and reach their own decisions.

Family mediation is not a substitute for the need for family members to obtain independent legal advice or counseling or therapy. Nor is it appropriate for all families. However, experience has established that family mediation is a valuable option for many families because it can:

increase the self-determination of participants and their ability to communicate;

support decision making that is in the best interests of children; and

reduce the economic and emotional costs associated with the litigation of family disputes.

Effective mediation requires that the family mediator be qualified by training, experience and temperament; that the mediator be impartial; that the participants reach their decisions voluntarily; that their decisions be based on sufficient factual data; that the mediator be aware of the impact of culture and diversity; and that the best interests of children be taken into account. Further, the mediator should also be prepared to identify families whose history includes domestic abuse or child abuse.

These Model Standards of Practice for Family and Divorce Mediation ("Model Standards") aim to perform three major functions:

(1) to serve as a guide for the conduct of family mediators;

(2) to inform the mediating participants of what they can expect; and

(3) to promote public confidence in mediation as a process for resolving family disputes.

The Model Standards are aspirational in character. They describe good practices for family mediators. They are not intended to create legal rules or standards of liability.

The Model Standards include different levels of guidance:

Use of the term "may" in a Standard is the lowest strength of guidance and indicates a practice that the family mediator should consider adopting but which can be deviated from in the exercise of good professional judgment. Most of the Standards employ the term "should" which indicates that the practice described in the Standard is highly desirable and should be departed from only with very strong reason. The rarer use of the term "shall" in a Standard is a higher level of guidance to the family mediator, indicating that the mediator should not have discretion to depart from the practice described.

Standard I: A family mediator shall recognize that mediation is based on the principle of self-determination by the participants.

(A) Self-determination is the fundamental principle of family mediation. The mediation process relies upon the ability of participants to make their own voluntary and informed decisions.

(B) The primary role of a family mediator is to assist the participants to gain a better understanding of their own needs and interests and the needs and interests of others and to facilitate discussion and decision-making among the participants.

(C) A family mediator should inform the participants that they may seek information and advice from a variety of sources during the mediation process.

(D) A family mediator shall inform the participants that they may withdraw from family mediation at any time and are not required to reach an agreement in mediation.

(E) The family mediator's commitment shall be to the participants and the process. Pressure from outside of the mediation process shall never influence the mediator to coerce participants to settle.

Standard II: A family mediator shall be qualified by education and training to undertake the mediation.

Standard III: A family mediator shall facilitate the participants' understanding of what mediation is and assess their capacity to mediate before the participants reach an agreement to mediate.

(A) Before family mediation begins a mediator should provide the participants with an overview of the process and its purposes, including:

(1) informing the participants that reaching an agreement in family mediation is consensual in nature, that a mediator is an impartial facilitator, and that a mediator may not give legal advice, evaluate the case, or impose or force any settlement on the parties;

(2) distinguishing family mediation from other processes designed to address family issues and disputes;

(3) informing the participants that any agreements reached will be reviewed by the court when court approval is required;

(4) informing the participants that they may obtain independent advice from attorneys, counsel, advocates, accountants, therapists or other professionals during the mediation process;

(5) advising the participants, in appropriate cases, that they can seek the advice of religious figures, elders or other significant persons in their community whose opinions they value;

(6) discussing, if applicable, the issue of separate sessions with the participants, a description of the circumstances in which the mediator may meet alone with any of the participants, or with any third party and the conditions of confidentiality concerning these separate sessions;

(7) informing the participants that the presence or absence of other persons at a mediation, including attorneys, counselors or advocates, depends on the agreement of the participants and the mediator, unless a statute or regulation otherwise requires or the mediator believes that the presence of another person is required or may be beneficial because of a history or threat of violence or other serious coercive activity by a participant;

(8) describing the obligations of the mediator to maintain the confidentiality of the mediation process and its results as well as any exceptions to confidentiality;

(9) advising the participants of the circumstances under which the mediator may suspend or terminate the mediation process and that a participant has a right to suspend or terminate mediation at any time.

(B) The participants should sign a written agreement to mediate their dispute and the terms and conditions thereof within a reasonable time after first consulting the family mediator.

(C) The family mediator should be alert to the capacity and willingness of the participants to mediate before proceeding with the mediation and throughout the process. A mediator should not agree to conduct the mediation if the mediator reasonably believes one or more of the participants is unable or unwilling to participate.

(D) Family mediators should not accept a dispute for mediation if they cannot satisfy the expectations of the participants concerning the timing of the process.

Standard IV: A family mediator shall conduct the mediation process in an impartial manner. A family mediator shall disclose all actual and potential grounds of bias and conflicts of interest reasonably known to the mediator. The participants shall be free to retain the mediator by an informed, written waiver of the conflict of interest. However, if a bias or conflict of interest clearly impairs a mediator's impartiality, the mediator shall withdraw regardless of the express agreement of the participants.

(A) Impartiality means freedom from favoritism or bias in word, action or appearance, and includes a commitment to assist all participants as opposed to any one individual.

(B) Conflict of interest means any relationship between the mediator, any participant or the subject matter of the dispute that compromises or appears to compromise the mediator's impartiality.

(D) A family mediator should identify and disclose potential grounds of bias or conflict of interest upon which a mediator's impartiality might reasonably be questioned. Such disclosure should be made prior to the start of a mediation and in time to allow the participants to select an alternate mediator.

(E) A family mediator should resolve all doubts in favor of disclosure. All disclosures should be made as soon as practical after the mediator becomes aware of the bias or potential conflict of interest. The duty to disclose is a continuing duty.

(F) A family mediator should guard against bias or partiality based on the participants' personal characteristics, background or performance at the mediation.

(G) A family mediator should avoid conflicts of interest in recommending the services of other professionals.

(H) A family mediator shall not use information about participants obtained in a mediation for personal gain or advantage.

(I) A family mediator should withdraw pursuant to Standard IX if the mediator believes the mediator's impartiality has been compromised or a conflict of interest has been identified and has not been waived by the participants.

Standard V: A family mediator shall fully disclose and explain the basis of any compensation, fees and charges to the participants.

(A) The participants should be provided with sufficient information about fees at the outset of mediation to determine if they wish to retain the services of the mediator.

(B) The participants' written agreement to mediate their dispute should include a description of their fee arrangement with the mediator.

(C) A mediator should not enter into a fee agreement that is contingent upon the results of the mediation or the amount of the settlement.

(D) A mediator should not accept a fee for referral of a matter to another mediator or to any other person.

(E) Upon termination of mediation a mediator should return any unearned fee to the participants.

Standard VI: A family mediator shall structure the mediation process so that the participants make decisions based on sufficient information and knowledge.

(A) The mediator should facilitate full and accurate disclosure and the acquisition and development of information during mediation so that the participants can make informed decisions. This may be accomplished by encouraging participants to consult appropriate experts.

(B) Consistent with standards of impartiality and preserving participant self-determination, a mediator may provide the participants with basic information that the mediator is qualified by training or experience to provide. The mediator shall not provide therapy or legal advice.

(C) The mediator should recommend that the participants obtain independent legal representation before concluding an agreement.

(D) If the participants so desire, the mediator should allow attorneys, counsel or advocates for the participants to be present at the mediation sessions.

(E) With the agreement of the participants, the mediator may document the participants' decisions in the from of a decision summery (vs. a legal agreement). The mediator should inform the participants that any decision summary or agreement should be reviewed by an independent attorney before it is signed.

Standard VII: A family mediator shall maintain the confidentiality of all information acquired in the mediation process, unless the mediator is permitted or required to reveal the information by law or agreement of the participants.

(A) The mediator should discuss the participants' expectations of confidentiality with them prior to undertaking the mediation. The written agreement to mediate should include provisions concerning confidentiality.

(B) Prior to undertaking the mediation the mediator should inform the participants of the limitations of confidentiality such as statutory, judicially or ethically mandated reporting.

(C) As permitted by law, the mediator shall disclose a participant's threat of suicide or violence against any person to the threatened person and the appropriate authorities if the mediator believes such threat is likely to be acted upon, and use standard exit planning strategies with the parties.

(D) If the mediator holds private sessions with a participant, the obligations of confidentiality concerning those sessions should be discussed and agreed upon prior to the sessions.

(E) If subpoenaed or otherwise noticed to testify or to produce documents the mediator should inform the participants immediately. The mediator should not testify or provide documents in response to a subpoena without an order of the court if the mediator reasonably believes doing so would violate an obligation of confidentiality to the participants.

Standard VIII: A family mediator shall assist participants in determining how to promote the best interests of children.

(A) The mediator should support the participants' exploration of the range of options available for separation or post divorce parenting arrangements and their respective costs and benefits. Referral to a specialist in child development or an attorney may be appropriate for these purposes. The parties may be given the following list of topics for discussion (this is not an exhaustive list and there may be other topics):

(1) information about community resources and programs that can help the participants and their children cope with the consequences of family reorganization and family violence;

(2) problems that continuing conflict creates for children's development and what steps might be taken to ameliorate the effects of conflict on the children;

(3) development of a parenting plan that covers the children's physical residence and decision-making responsibilities for the children, with appropriate levels of detail as agreed to by the participants;

(4) the possible need to revise parenting plans as the developmental needs of the children evolve over time; and

(5) encouragement to the participants to develop appropriate dispute resolution mechanisms to facilitate future revisions of the parenting plan.

(B) The mediator should be sensitive to the impact of culture and religion on parenting philosophy and other decisions.

(C) The local mediation administrator and/or the mediator shall inform any court-appointed representative for the children of the mediation. If a representative for the children participates, the mediator should, at the outset, discuss the effect of that participation on the mediation process and the confidentiality of the mediation with the participants. Whether the representative of the children participates or not, the mediator shall provide the representative with the resulting agreements insofar as they relate to the children.

(D) Except in extraordinary circumstances, the children should not participate in the mediation process without the consent of both parents and the children's court-appointed representative if one exists.

(E) Prior to including the children in the mediation process, the mediator should consult with the parents and the children's court-appointed representative about whether the children should participate in the mediation process and the form of that participation.

(F) The mediator should inform all concerned about the available options for the children's participation (which may include personal participation, an interview with a mental health professional, the mediator interviewing the child and reporting to the parents, or a videotaped statement by the child) and discuss the costs and benefits of each with the participants.

Standard IX: A family mediator shall recognize a family situation involving child abuse or neglect and take appropriate steps to shape the mediation process accordingly.

(A) As used in these Standards, child abuse or neglect is defined by applicable state law.

(B) A mediator shall not undertake a mediation in which the family situation has been assessed to involve child abuse or neglect without appropriate and adequate training.

(C) If the mediator has reasonable grounds to believe that a child of the participants is abused or neglected within the meaning of the jurisdiction's child abuse and neglect laws, the mediator shall comply with applicable child protection laws.

(1) The mediator should encourage the participants to explore appropriate services for the family.

(2) The mediator should consider the appropriateness of suspending or terminating the mediation process in light of the allegations.

Standard X: A family mediator shall recognize a family situation involving domestic abuse and take appropriate steps to shape the mediation process accordingly.

(A) As used in these Standards, domestic abuse includes domestic violence as defined by applicable state law and issues of control and intimidation.

(B) A mediator shall not undertake a mediation in which the family situation has been assessed to involve domestic abuse without appropriate and adequate training.

(C) Some cases are not suitable for mediation because of safety, control or intimidation issues. A mediator should make a reasonable effort to screen for the existence of domestic abuse prior to entering into an agreement to mediate. The mediator should continue to assess for domestic abuse throughout the mediation process.

(D) If domestic abuse appears to be present the mediator shall consider taking measures to insure the safety of participants and the mediator including, among others:

(1) establishing appropriate security arrangements;

(2) holding separate sessions with the participants even without the agreement of all participants;

(3) allowing a friend, representative, advocate, counsel or attorney to attend the mediation sessions;

(4) encouraging the participants to be represented by an attorney, counsel or an advocate throughout the mediation process;

(5) referring the participants to appropriate community resources;

(6) suspending or terminating the mediation sessions, with appropriate steps to protect the safety of the participants.

Standard XI: A family mediator shall suspend or terminate the mediation process when the mediator reasonably believes that a participant is unable to effectively participate or for other compelling reason.

(A) Circumstances under which a mediator should consider suspending or terminating the mediation, may include, among others:

(1) the safety of a participant or well-being of a child is threatened;

(2) a participant has or is threatening to abduct a child;

(3) a participant is unable to participate due to the influence of drugs, alcohol, or physical or mental condition;

(4) the participants are about to enter into an agreement that the mediator reasonably believes to be unconscionable or violates public policy or law;

(5) a participant is using the mediation to further illegal conduct;

(6) a participant is using the mediation process to gain an unfair advantage;

(7) if the mediator believes the mediator's impartiality has been compromised in accordance with Standard IV.

(B) If the mediator does suspend or terminate the mediation, the mediator should take all reasonable steps to minimize prejudice or inconvenience to the participants which may result.

Standard XII: A family mediator shall be truthful in the advertisement and solicitation for mediation.

(A) Mediators should refrain from promises and guarantees of results. A mediator should not advertise statistical settlement data or settlement rates.

(B) Mediators should accurately represent their qualifications. In an advertisement or other communication, a mediator may make reference to meeting state, national or private organizational qualifications only if the entity referred to has a procedure for qualifying mediators and the mediator has been duly granted the requisite status.

Standard XIII: A family mediator shall acquire and maintain professional competence in mediation.

(A) Mediators should continuously improve their professional skills and abilities by, among other activities, participating in relevant continuing education programs and should regularly engage in self-assessment.

(B) Mediators should participate in programs of peer consultation and should help train and mentor the work of less experienced mediators.

Special Policy Considerations for State Regulation of Family Mediators and Court Affiliated Programs

The Model Standards recognize the National Standards for Court Connected Dispute Resolution Programs (1992). There are also state and local regulations governing such programs and family mediators. The following principles of organization and practice, however, are especially important for regulation of mediators and court-connected family mediation programs. They are worthy of separate mention.

(A) Individual states or local courts should set standards and qualifications for family mediators including procedures for evaluations and handling grievances against mediators. In developing these standards and qualifications, regulators should consult with appropriate professional groups, including professional associations of family mediators.

(B) When family mediators are appointed by a court or other institution, the appointing agency should make reasonable efforts to insure that each mediator is qualified for the appointment. If a list of family mediators qualified for court appointment exists, the requirements for being included on the list should be made public and available to all interested persons.

(C) Confidentiality should not be construed to limit or prohibit the effective monitoring, research or evaluation of mediation programs by responsible individuals or academic institutions provided that no identifying information about any person involved in the mediation is disclosed without their prior written consent. Under appropriate circumstances, researchers may be permitted to obtain access to statistical data and, with the permission of the participants, to individual case files, observations of live mediations, and interviews with participants.

These Model Standards were developed by the Association for Conflict Resolution and were approved by the American Bar Association in February 2001.

SUPPLEMENT 1. COMPONENTS OF MEDIATION ORIENTATION

Tue, 12 Feb 2019 20:10:06 GMT

This is a general guide for mediators to consider, leaving discretion with mediators to develop a personal style for orientation sessions.

Pre-mediation orientations help build rapport with parties; help parties make voluntary, informed decisions about proceeding with mediation; provide opportunities for the parties to tell their stories and become clearer about their issues and goals; and encourage the parties' abilities to act and decide for themselves. It is also a time when the mediator begins to screen for violence, capacity, and other issues.

Considerations

Pre-mediation orientation is primarily to ensure that each party is prepared to participate in mediation. Preparation occurs on many dimensions: emotional, intellectual, financial, legal, etc. Pre-mediation orientation sessions allow mediators to explore their clients goals, issues, fears, and other matters, including screening for violence and issues of capacity.

Build Rapport

(1) Introduce yourself and talk generally with the party, setting a friendly, helpful and comfortable tone for the meeting.

(2) Ask if you can get anything for the party (e.g., coffee, water, paper/pen, etc.).

(3) Talk about the purpose of the orientation.

(4) Tell the party you are glad the party are here today and considering mediation. Let the party know you are here to help the party with the conflict.

Listening to the Parties and Explaining the Mediation Process

(1) Answer any questions the party may have about mediation or the orientation.

(2) Listen to the party and discuss how mediation can work with the party's issues.

(3) Screen for issues that are inappropriate for mediation or that may negatively impact the party's decision-making.

(A) Incapable of making decisions (e.g., under the influence).

(B) Magical thinking—someone thinking the mediator or the process will "solve" the issue for them.

(4) Explain the agreement between the mediator and the parties and Form E, How to Prepare for Mediation.

(5) Identify who needs to be at the table and their willingness to mediate.

(6) Help the party understand how the process works.

(7) Explain the role of the mediator (may need to explain the difference between a mediator and an evaluator, advocate or arbitrator).

(8) Explain the role of the parties (decision makers).

(9) Explain the role of outside experts (help parties make informed decisions) and work with parties to determine what experts they may want to talk with prior to mediation.

(10) Discuss confidentiality (mediator, parties, exceptions—for more information see Section 7) and discuss the need for disclosure (success of the process).

(11) Explain the role of a caucus or separate meeting.

(12) Provide forms for divorce mediation or parental rights and responsibilities mediation as appropriate.

Help Develop Clarity

Help parties become clearer about:

(1) What issues they would like to bring to the table; helping a party reframe an issue in words the party is comfortable saying to the other party or words that can be better heard by the other party.

(2) What will help the party say what the party needs to say and hear what the party needs to hear.

(3) What the party's hot buttons are and whether the party needs guidelines.

(4) What has or has not worked in talking with the other party in the past.

(5) What would improve the party's ability to communicate.

Help Parties Take the Perspective of Other

Help parties become clearer about:

(1) How they view the other party's role in the conflict.

(2) What would help the party be more open and responsive to the other party.

(3) What hot buttons the party pushes in the other party.

Help Parties Explore What They Want

(1) Ask each party what the party hopes to accomplish during mediation.

(2) Explore any goals the parties have for conflict resolution.

(3) Determine if parties want to continue to mediation and support their decision.

Scheduling & Fees

(1) Clearly describe fees to parties.

(2) Discuss availability and scheduling (possible dates and times).

(3) Explain that parties will be asked to complete the Program research and evaluation forms rating their satisfaction with the process following the mediation session (see sample forms in this section).

FORM G. CLOSING FORM

Tue, 12 Feb 2019 20:09:14 GMT

STATE OF NORTH DAKOTA IN DISTRICT COURT

COUNTY OF __________________ ___________________JUDICIAL DISTRICT

A.B,
Plaintiff,

vs.

C.D.,
Defendant

)
)
)
)

FAMILY MEDIATION PROGRAM
CLOSING FORM

No mediation due to:

Mediation outcome - parental rights and responsibilities only
_____ Agreement reached on all issues
_____ Agreement reached on some issues
_____ No agreement reached

Mediation outcome - other issues in case
Were other issues present in the case? ____Yes _____No
Did parties mediate other issues: ____Yes ____ No

_____ Agreement reached on all other issues raised by parties
_____ Agreement reached on some other issues raised by parties
_____ No agreement reached on other issues raised by parties

Mediator's name_________________________________________

Signature:______________________________________________

Date _________________________

cc: The Court, Family Mediation Program Administrator, Parties/Attorneys

FORM F. MEDIATOR DOMESTIC VIOLENCE SCREENING TOOL AND SAFETY PLANNING

Tue, 12 Feb 2019 20:08:32 GMT

Structure and Guidelines for Assessing Domestic Violence:

As you conduct the mediation orientation, it is important to be aware of the questions in the mediator screening tool so you can use them to assess for the presence of domestic violence. Integrate the questions in the mediator screening tool so you are able to assess for the presence of domestic violence, and more importantly determine if mediation is appropriate for the party.

A. QUESTIONNAIRE

A mediator should ask the following questions during an orientation to assess for domestic violence between the parties.

Section 1: Control, Coercion, Intimidation, Fear

(a) When you look back over time, how were decisions made in your marriage or relationship?

(b) What happens when you speak your mind and express your point of view to the other party?

(d) Has the other party ever prevented you (or tried to prevent you) from having contact with family or friends, or your children?

(e) Has the other party ever denied you access to money for food, shelter, clothing, medical needs, etc.?

(f) Has the other party ever threatened to hurt or kill you or to commit suicide?

(g) Do you have any concerns about sitting in the same room mediating with the other party? If yes, ask the following questions:

(i) What are your concerns?

(ii) If your attorney or an advocate was present with you in the room would you still have these concerns?

(iii) If you and the other party were in separate rooms during the mediation, would you still have these concerns?

Section 2: Violence/Fear of Violence

(a) Has there ever been any physical confrontation between you and the other party? If so, what happened?

(b) Do you ever feel afraid of the other party? What are you afraid of?

(c) Has the other party ever pushed, shoved, hit, kicked, choked or restrained you, or pulled your hair? If so, what happened?

(d) Has the other party ever used or threatened to use a weapon to harm you? Are there guns or weapons in your home? Does the other party have access to guns or other weapons?

(e) Has the other party ever damaged or destroyed your property, or harmed or threatened to harm your pets?

(f) Have you ever had medical treatment as a result of an injury caused by the other party?

(g) Has the other party ever harassed you by following you, interfering with your work or education, making repeated phone calls to you or sending you several unwanted letters, e-mails, faxes or gifts?

(h) Have you ever sought to have a personal protection order issued against the other party? Was an order issued?

(i) Have you or any one else ever called the police because of problems in your home? If so, what happened?

(j) Are you afraid that the other party will physically harm you during the mediation or after you leave because of what you say in mediation?

(k) Are you in immediate danger? If yes, stop the screening and proceed to Safety Planning.

If a party answered "yes" to any one of questions 2(a) through 2(j), this is an indication that mediation may not be appropriate for this party. However, do not terminate the screening process until the entire questionnaire is completed. Information gathered in the following sections may be useful if the party wishes to mediate despite the mediator's advice. This will assist the mediator to make a decision about whether or not to mediate.

Section 3: Children

(a) How are your children doing?

(b) Do you have any concerns about the safety of your children?

(c) Has the other party ever threatened to take the children or threatened to stop you from seeing them, or stopped you from seeing them?

Section 4: Other Considerations Regarding Ability to Participate

(a) Does either of you have a problem with alcohol or drugs? If so, please describe the problem.

(b) Does either of you have a history of mental illness or emotional problems? If so, please describe the history.

Final Note

Monitoring by the mediator is a continuous responsibility throughout the mediation process. On-going screening for domestic violence should take place throughout all phases of mediation. It is the mediator's responsibility to terminate the orientation or mediation if the mediator believes either of the parties is unable to mediate safely, fully and without fear or intimidation. There are times during the course of an orientation no behaviors or comments suggest the presence of domestic violence, but during the course of the mediation something suggests domestic violence. If the mediator determines that mediation should not proceed, see Safe Termination.

B. MAKING A DECISION ABOUT WHETHER OR NOT TO MEDIATE SAFETY PLANNING

(Based on responses to Questionnaire section in Mediator Screening Tool)

(1) Party is in immediate danger (party answered "yes" to Question 2(k) in the mediator screening tool)

If a party is in immediate danger, the mediator should advise the party that mediation is not appropriate. There are no circumstances under which mediation should proceed. You should then help the party with safety planning. If during the orientation no behaviors or comments suggest the presence of domestic violence, but something is revealed during the mediation and the party is in danger, go to Safe Termination of Mediation and then to Safety Planning.

(2) No apparent immediate danger, but the abused party disclosed violence by or fear of the other party (party answered "no" to Question 2(k) but "yes" to any other question in Section 2 of the mediator screening tool).

The mediator should advise the parties that mediation is not appropriate. The abusive party's willingness to proceed with mediation is irrelevant.

Advise against mediation: "I do not think it is advisable for you to participate in mediation."

If the abused party concurs with the advice not to mediate, there are no circumstances under which mediation should proceed.

If the abused party disagrees with the advice against mediation and wants to mediate, then mediation should proceed only if ALL of the following apply:

(a) The situation is not dangerous for the abused party or the mediator. Consider answers to Section 2 of the mediator screening tool.

(b) The mediation is conducted by a skilled mediator.

(c) The attorney for the abused party or an advocate for the abused party (such as a advocate from the local domestic violence program or a friend or family member) will be present during the mediation.

(d) Both parties agree to these specific conditions.

(e) Parties wait in separate waiting areas; parties are not left alone together.

(f) The mediator assesses that the parties have the ability to participate voluntarily, fairly, safely, fully and relatively free of fear and intimidation. Consider answers to Sections 1 and 2 of the mediator screening tool.

(3) Non-violent, but abusive or controlling (party answers "no" to all questions in Section 2, but "yes" to any question in Section 1(d) 1(g) or answers in Section 1(a) 1(c) indicate the existence of control, coercion or intimidation).

The mediator must determine whether either party lacks the ability to fully participate in the mediation and whether mediation could go forward under specific conditions, relatively free of fear and intimidation. Mediation should proceed only if ALL of the following apply:

(a) The situation is not dangerous for the abused party or the mediator. Consider answers to Section 2 of the mediator screening tool.

(b) The mediation is conducted by a skilled mediator.

(c) The mediator assesses that the parties have the ability to voluntarily, fairly, safely and fully participate, with or without an attorney or advocate present for the abused party, or with or without specific conditions to address concerns for safety and ability to participate and make decisions without coercion or fear. Consider answers to Sections 1 and 2 of the mediator screening tool.

(d) The abused party wants to mediate.

(e) Parties wait in separate waiting areas; parties are not left alone together.

(f) If, to ensure the ability to fully participate, the abused party requires the presence of an attorney or advocate during mediation, or a specialized process to which both parties agree, the mediation must be conducted with those accommodations.

(4) Non-violent, non-abusive and non-controlling, but either party otherwise lacks capacity to mediate (party answers "no" to all questions in Sections 1, 2 and 3 of the mediator screening tool, but "yes" to any question in Section 4).

Regardless of the existence of domestic violence, if screening reveals any of the following the mediator must determine whether either party lacks the ability to fully participate in mediation or whether mediation could go forward under specific conditions:

(a) There is a history of substance abuse or mental illness that is not presently controlled.

(b) A party is not able to fully participate or articulate the party's own needs.

Mediation should proceed only if ALL of the following apply:

(a) The situation is not dangerous for the parties or mediator.

(b) The mediation is conducted by a skilled mediator.

(c) The mediator assesses that the parties have the ability to participate voluntarily, fairly, safely and fully, with or without an attorney or advocate present, or with or without specific conditions to address concerns about capacity and ability to participate in mediation.

(d) The parties want to mediate.

(e) If, to ensure the ability to participate, a party requires the presence of an attorney or advocate during mediation, or a specialized process to which both parties agree, the mediation must be conducted with those accommodations.

(5) Protection order or restraining order in effect (one party has a protection order or restraining order against the other party).

Any case between parties with a protection order or restraining order in effect should not be mediated. In addition, a mediator should notadvise a party to have the protection order or restraining order temporarily rescinded in order to do mediation. Parties may believe that mediation is an extension of the court and the court's protection. Mediation cannot offer the same level of protection to a party. Most courts will not refer a case to mediation if a protection order or restraining order is in effect between the parties.

And finally, mediators should be concerned about potential consequences of mediating cases that involve domestic violence. Mediator malpractice liability is an issue. The process may do harm (physical and psychological). It may violate ethical standards or state laws, regulations, codes or rules.

C. SAFETY PLANNING

A safety plan is a tool to help an abused party identify ways to stay safe. Most victims of domestic violence have a variety of methods that have helped keep them safe in the past. The mediator should take all discussions of fear and safety seriously. If a mediator has any questions at all during the course of the discussion with the abused party, call a local domestic violence program (e.g., Community Violence Intervention Center, Grand Forks, 701-746-8900) or the National Domestic Violence Hotline at 1-800-799-SAFE(7233). Here are several options to consider depending on the situation:

(1) Ensure that there is a safe and private area in the office where the mediator can speak to the abused party alone.

(2) Offer the use of a telephone so that the abused party can contact the local domestic violence program or the National Domestic Violence Hotline. Both of these organizations have trained professionals who are able to offer confidential services and should be able to the abused party create a safety plan.

(3) If the abused party does not want to contact the hotlines, the mediator may ask the party's permission to call one or both of the hotlines for consultation. They should be able to walk the mediator through some basic safety planning strategies. The mediator should assure the abused party that this information is confidential and that the mediator will not disclose any of the information.

(4) The party may be able to identify friends or family that have been helpful in the past or who are able to offer a place to stay. The mediator should offer the use of a telephone so that the party can contact family or friends, if the party wishes to do so.

(5) Consider what the party will do when the party leaves the mediator's office and where the party will go. Work with the party to ensure that the party will be safe during the rest of the day. Ask questions like: "What is your mode of transportation and is it safe? Where is your car parked? Do you have a safe place to spend the night?"

(6) Discuss with the party whether the party would like to contact the police to file a report or to request an escort.

(7) Ask some of the following questions as you discuss safety:

(a) In what way can I (and others) help you?

(b) What do you feel you need to be safe?

(d) What have you tried in the past to protect yourself and your children (e.g., left for a few days, sought help from family, friends, or a shelter, fought back, got an order for protection)? Did any of these strategies help? Will any of them help you now?

(e) Who in your support system will help you? How can they help? Can we involve them?

(8) If the party has separated from the domestic violence perpetrator, evaluate the following options with the party:

(a) Changing the locks on doors and windows.

(b) Installing a better security system—window bars, locks, better lighting, smoke detectors and fire extinguishers.

(d) Talking to schools and childcare providers about who has permission to pick up the children and developing other special provisions to protect the children.

(e) Finding a lawyer knowledgeable about family violence to explore custody, visitation, and divorce provisions that protect the children and the adult victim.

(f) In rural areas where only the mailbox may be visible from the road, covering the box with bright colored paper so that police can more easily locate the home.

(g) Obtaining an order of protection.

(h) Telling neighbors that the party's partner is gone and asking them to inform the party if the partner returns to the area.

(i) Figuring out what the party can do (or is willing to do) if or when the party's partner returns.

(9) If the party is leaving the domestic violence perpetrator review the following with the party:

(a) How and when can the party most safely leave? Does the party have transportation? Money? A safe place to go?

(b) Is the party comfortable calling the police if the party needs them?

(d) Who in the party's support network does the party trust for protection?

(e) What can the party and others do so that the party's partner will not find the party?

(f) How will the party travel safely to and from work or school or to pick up children?

(g) What parental rights and responsibilities provisions would keep the party and the children safe?

(h) Would an order of protection be a viable option?

(10) If the party is staying with the domestic violence perpetrator, review the following with the party:

(a) In an emergency what works best to keep the party and the children safe?

(b) Who can the party call in a crisis?

(c) Would the party call the police if the violence starts again? Is there a phone in the house or can the party work out a signal with the children or the neighbors to call the police or get help?

(d) If the party needs to flee temporarily, where can the party go? Help the party think through several places where the party can go in a crisis. Write down the addresses and phone numbers.

(11) Suggested Text for Safety Planning Assistance:

"Based on what I've heard from you and observed, I am concerned for your safety. I would like you to consider contacting some professionals to help you come up with a plan to stay safe today. Most communities have organizations that provide services to survivors of domestic violence. These services often include confidential shelter, counseling, advocacy, support groups and counseling for your children. The phone number to our local domestic violence program is 701-746-0405. You can also call the National Domestic Violence Hotline at 1-800-799-SAFE (7233). The National Hotline can provide you with confidential advocacy and support and also refer you to the nearest domestic violence program. Please feel free to use my telephone."

For additional information about mediating cases involving domestic violence, please read and become familiar with the Association for Conflict Resolution's Standards of Practice for Family and Divorce Mediation, which outlines what to do in mediations that may involve domestic violence.

D. SAFE TERMINATION OF MEDIATION

There are times when during the course of an orientation no behaviors or comments suggest the presence of domestic violence, but during the course of the mediation something suggests domestic violence. Anytime during the course of mediation, if either party decides to withdraw, or the mediator finds that mediation is not safe because of domestic violence, the mediation should be terminated in the following manner.

If domestic violence is revealed for the first time during a mediation session, the mediator should interrupt the proceeding and conduct a screening of each party separately to determine whether mediation is appropriate and whether the party who has been subject to the abuse understands the potential impact of abuse on the person's ability to participate in mediation fully and fairly.

The screening sessions can occur right after the interrupted mediation or screening sessions can be scheduled for future dates or the screening session for the abused party can take place immediately with the screening session for the other party scheduled for another day.

In any event, talk privately with the abused party to determine whether safety arrangements are necessary. If possible, make arrangements for the parties to leave separately. Consider whether to alert law enforcement or other security of the potential for violence and arrange for escort of the abused party to transportation. Do not reveal the destination or means of transportation of the abused party to the other party.

Provide the abused party with information and referrals for assistance, including safety planning.

There are two positions to consider with regard to advising the parties about the reasons for termination of mediation.

Some domestic violence victim advocates and professionals who work with batterers in batterer intervention programs believe that, due to safety concerns, the mediator should not advise the parties that the reason for termination is domestic violence, regardless of whether the victim or abuser disclosed the violence. Other valid reasons for termination that could be provided to the parties include: mediation policies and procedures, parties too far apart in positions or interests, inability to fully participate, unwillingness to participate, substance abuse or mental illness (if known by both parties).

Some mediators believe that if the abuse is disclosed by the abuser or by both parties, it is appropriate to advise the parties that the reason for termination is domestic violence. If a mediator chooses this approach, the mediator must be careful to provide each party with the same information regarding the reasons for termination without violating confidentiality. If the violence is disclosed only by the victim, the mediator should not advise the parties that the reason for termination is domestic violence.

Violence should never be mediated. In other words, never mediate when the core issues is for one party to stop abusing the other party. "I'll stop hitting you if you stop seeing your friend, Jane."

The mediator must promote the safety of all parties in the mediation process, but it is important to remember not to create an artificial environment during the mediation. To say to parties "you can say whatever you want in here" may be harmful because a mediator cannot guarantee a party's safety outside the mediation session(s).

Suggested text to the abused and abusive party—Termination of mediation after orientation:

"I have decided not to mediate this case. Many cases are not appropriate for mediation. It is my experience that with situations like yours, mediation may not be the best process. This orientation meeting fulfills the requirement for court ordered mediation. It is not a "failure" to terminate mediation and there are no legal repercussions for doing so. You may want to talk with an attorney about your situation."

Suggested text—Termination of mediation after start of mediation:

"After observing the issues between you and your interactions with each other, I know from my experience that mediation may not be best process for you. Many cases are not appropriate for mediation. So rather than taking up your time and resources, I am terminating this mediation. It is not a "failure" to terminate mediation and there are no legal repercussions for doing so. You may want to talk with an attorney about your situation."

This screening tool was adapted with permission for the family mediation program from a tool developed by the Michigan Supreme Court Office of Dispute Resolution.

FORM E. HOW TO PREPARE FOR MEDIATION

Tue, 12 Feb 2019 20:07:33 GMT

(GIVEN TO PARTIES DURING ORIENTATION)

All parties will go through the pre-mediation process and should have a similar understanding of how the process will work. Mediators will not negotiate points between the parties prior to the mediation. If there are issues that need to be negotiated or clarified, the parties must do that independently or wait until they come to mediation. Please be clear that you may be in violation of an order of the court should you fail to cooperate in the mediation process. Ask your attorney, the mediator, or the family mediation program administrator if you have any questions.

Scheduling: The mediator will work with the parties to make arrangements for a date and time that will work for all parties. Inform the mediator of any concerns or constraints that you may have. If you need to cancel, reschedule, or change your availability to mediate, please call the mediator as soon as possible. Failure to communicate and appear for mediation could result in further action by the Court.

Process: As outlined in the mediation agreement signed by the parties and the mediator, the mediation process has several components that can make this a beneficial option for parties in conflict. Some of the issues to consider include:

(1) voluntary nature of mediation;

(2) the role of outside experts;

(3) informed decision making by the parties;

(4) the role of the mediators;

(5) confidentiality;

(6) the role of the parties;

(7) family legal issues;

(8) the role of attorneys.

Fees: Fees are paid by a grant from the Supreme Court for mediation including the pre-mediation orientation sessions. Should you require more sessions, you may petition the family mediation program administrator to have the fees covered in whole or part if you are qualify by demonstrating your income to the program administrator. The fee paid to mediators is set on an annual basis by the state court administrator. Any fees you owe must be paid to your mediator within 10 days of completion of the mediation.

Who should participate in mediation?

Identify who you think should be present in order to fully discuss the issues and to help you reach your goals. Should there be a conflict about who is present, that issue will be explored with the participants before the first mediation session.

Questions to consider:

(1) What do you hope to accomplish by mediating? What are yourgoals?

(2) What are the issues or topics that you need to address to accomplish your goals?

(3) Are there outside experts that you need to consult or is there information you need before you come to mediation?

(4) Is there anything that will help you to communicate better during the mediation?

FORM D. GUIDE FOR PARTICIPANTS IN MEDIATION

Tue, 12 Feb 2019 20:06:54 GMT

(TO BE SENT TO THE PARTIES WITH THE SCHEDULING ORDER AND REVIEWED WITH THE PARTIES DURING ORIENTATION AND AT THE BEGINNING OF MEDIATION)

Mediation is a process in which an impartial mediator assists people in conflict to have a constructive conversation about their dispute in a neutral setting. It is expected that the participants will say what they need to say and hear what they need to hear, so each participant can develop a better understanding about the participant's own concerns and the perspectives of the other participants. Through the discussion, the participants are able to make sound decisions for themselves and others affected by their decisions.

Parties are asked to adhere to the following principles:

(1) Mediation is voluntary. Participants should not feel forced into making decisions during mediation and always have the option not to participate or discontinue the mediation at any time (except as provided by law or court order).

(2) Mediation involves informed decision-making. Participants are free to access any information that may help them make informed decisions during the mediation. In order to help facilitate the decision-making process, participants may want to consult with outside experts if they have specific questions or do not have knowledge about a particular issue. Attorneys are welcome to participate.

(3) Participants make the decisions in mediation. Participants are solely responsible for making all decisions. There are many types of decisions that participants may make, including whether or not to pursue mediation, who should be involved in the discussion, how to explore additional information, what options are preferable, how parenting is shared among parents, how costs are shared, and other decisions. However, participants should be careful to follow state law when making critical decisions about parenting, custody, visitation, and child support.

(4) Mediators are impartial. Mediators will not make decisions for the participants or make any judgments about who is right or wrong. Mediators have no stake in any particular outcome and treat all participants in a fair and balanced way. Their main goal is to help create a helpful environment so the parties can discuss what is important and make voluntary, informed decisions. The parties will report any conflicts of interest or perceived bias by the mediator directly to the mediator or the family mediation program administrator.

(5) Mediation is a confidential process. Mediators will not reveal anything that is said during mediation to any other person except as permitted by law and as required by the family mediation program's research and evaluation component. Allegations of child abuse or threats of harm to any person will not be held confidential and may be revealed as appropriate by the mediator. Likewise, participants are asked to keep confidential everything that is communicated during mediation, except as agreed otherwise or as permitted by law. No record of the mediation will be made, unless the parties reach an agreement, in which case a decision summary will be written by the mediator and provided to the parties, and then to the court.

(6) Summary of decisions. Mediators will assist the parties in developing a written summary of the decisions made at the mediation table. Each party will receive a copy and the mediator will keep a copy. The writing should be in the parties' own language and capture what the parties have agreed. The parties will have seven days to reconsider decisions made at the mediation table and to review the decision summary with their attorneys. The mediator will not draft legal documents for the parties to sign and to be presented to the court.

(7) Research and evaluation. The family mediation program requires that everyone participating in the process complete the evaluation tools provided in a timely manner. Parties will be asked to complete a form at the end of mediation and may be contacted for an interview about their experiences in the process.

I have read and understand the principles related to mediation as described in the Guide for Participants in Mediation. (Signatures are required).

_________________________________ _____________________

Signature of Participant Date

_________________________________ _____________________

Address Phone Number

_________________________________ _____________________

Signature of Participant Date

_________________________________ _____________________

Address Phone Number

Additional Participants:

___________________________________ ________________________

Signature and relationship to the parties Date

__________________________________ _____________________

Address Phone Number

___________________________________ ________________________

Signature and relationship to the parties Date

__________________________________ _____________________

Address Phone Number

*Signatures are voluntary if mediation is mandated.

FORM C. FAMILY MEDIATION PROGRAM FEE REDUCTION REQUEST

Tue, 12 Feb 2019 20:05:51 GMT

Date: ____________________

Name of Party Requesting Reduction/Waiver: ________________________

Case Number: _________________________________________

Please attach all of the following in order to have your case considered for further mediation sessions that are provided financially in whole or part by the family mediation program:

(1) your most recent W2 form;

(2) your most recent tax return;

(3) proof of income from your current employers for the past 12 months;

(4) the name and age of all children living with you or for whom you pay child support; provide a copy of any court order for child support, spousal support, medical and other insurance for the children, and day care expenses.

(5) any other documentation as required by the family mediation program administrator.

Once the family mediation program administrator has made a determination of your eligibility to pay for mediation services, you will be notified of the decision. You may be required to pay in full or part for the mediation services. The mediator in your case will provide you with an invoice if appropriate, and you are required to pay for mediation services rendered if ineligible for fee reduction.

Under penalty of perjury, I agree that I have provided full and truthful disclosure and evidence of my financial condition.

________________ ______________________________

Date Name (print)

Signature: ______________________________

FORM B. REQUEST FOR ADDITIONAL MEDIATION SESSIONS

Tue, 12 Feb 2019 20:04:58 GMT

STATE OF NORTH DAKOTA IN DISTRICT COURT

COUNTY OF __________________ ___________________JUDICIAL DISTRICT

A.B,
Plaintiff,

vs.

C.D.,
Defendant

)
)
)
)

FAMILY MEDIATION PROGRAM
REQUEST FOR ADDITIONAL MEDIATION SERVICES

The following party/parties makes the following request for additional mediation sessions:

Names: ___________________________________________________

a) Reasons for additional sessions:

Number of additional sessions requested: ___________________

Proposed date for completion of mediation: ___________________

b) The mediator in this case (name) _________________ agrees that additional mediation sessions are warranted for the above-stated reasons:

Signature: ________________________ Date: ______________

Decision: The family mediation program administrator ___ denies ____ grants addition sessions as requested above. If granted, all mediation must be completed by the following date: _______________________________.

Signature ________________________ Date _________________________
(Family mediation program administrator)

cc: Judge ______________, Parties/Attorneys, Mediator

FORM A. SCHEDULE & ORDER FOR MEDIATION

Tue, 12 Feb 2019 20:04:06 GMT

STATE OF NORTH DAKOTA IN DISTRICT COURT

COUNTY OF __________________ ___________________JUDICIAL DISTRICT

A.B,
Plaintiff,

vs.

C.D.,
Defendant

)
)
)
)

FAMILY MEDIATION PROGRAM
SCHEDULE & ORDER FOR MEDIATION

(a) The above named parties are required to attend separate mediation orientation sessions in order to prepare for mediation, and shall attend mediation sessions in order to discuss and resolve issues related to their parental rights and responsibilities and related issues.

(b) Mediator: The following mediator has been assigned to this case:

Name:

Address:

Phone Number:

Email Address:

*If you know this mediator and have a conflict of interest, please notify the Family Mediation Program Administrator at at 701-328-2695 within 3 days of receipt of this order.

(c) Each party must contact the mediator immediately upon receipt of this order and schedule and participate in a pre-mediation orientation session within 20 days of this order.

(d) The parties must complete mediation within 90 days of this order unless the mediator and the parties join in a request to the Court for additional time to mediate.

(e) Any failure to appear for pre-mediation orientation sessions or mediation sessions may result in issuance of an Order To Show Cause to the party who failed to appear. The mediator and the parties will make their best efforts to schedule orientation and mediation sessions within the time frame set forth here and within reasonable times that take into account each person's needs.

Dated____________________________.
By the Court:

_____________________________________
Name/judge

APPENDIX F. RULE 8.8 ALTERNATIVE DISPUTE RESOLUTION STATEMENT

Wed, 02 Jan 2019 20:25:17 GMT

STATE OF NORTH DAKOTA	IN DISTRICT COURT
COUNTY OF ______	_____ JUDICIAL DISTRICT

A.B.,	)	Civil No. ________
Plaintiff,	)
	)	N.D.R.Ct. 8.8
vs.	)	ALTERNATIVE DISPUTE
	)	RESOLUTION STATEMENT
C.D.,	)
Defendant.	)

a.	ALTERNATIVE DISPUTE RESOLUTION ("ADR") PROCESS (check one):
	____	Counsel, after discussing ADR with their clients, agree that ADR is appropriate and choose the following:
		____	Mediation
		____	Arbitration (non-binding)
		____	Arbitration (binding)
		____	Court-Sponsored Settlement Conference
		____	Other (explain)

	____	Counsel, after discussing ADR with their clients, agree that ADR is NOT appropriate because:
		____	the case implicates the federal or state constitution
		____	domestic violence has occurred between the parties
		____	other (explain)



b.	PROVIDER (check one):
	____	The parties have selected the following ADR neutral:
	____	The parties would like ADR conducted by a judicial officer or employee and request the Court to appoint one.
	____	The parties cannot agree on an ADR neutral and request the Court to appoint one.
	____	The parties agreed to select an ADR neutral on or before ___________________

c.	DEADLINE: The parties recommend that the ADR process be completed by ________ ____________________.

Signed: _________________________		Signed ____________________________
	Lawyer for (Petitioner)	Lawyer for (Respondent)

Attorney ID #: ___________________		Attorney ID #: ______________________
Firm: ___________________________		Firm: _____________________________
Address: ________________________		Address: ___________________________
Telephone: ______________________		Telephone: _________________________
Date: __________________________		Date: ______________________________

APPENDIX B. FINANCIAL STATEMENT AND AFFIDAVIT

Wed, 02 Jan 2019 20:23:57 GMT

APPENDIX B. FINANCIAL STATEMENT AND AFFIDAVIT

__________, being duly sworn, says that affiant is the________ (Plaintiff or Defendant) herein, and has read this financial statement and knows the contents thereof and that the same is true.

1. My monthly gross income from all sources is $_______ 2. My spouse's monthly gross income from all sources is $_______ 3. My monthly take-home pay therefrom is $_______ 4. I have cash on hand $_______ 5. I have on deposit in banks $_______ 6. I have stocks and bonds in the amount of $_______ 7. Other assets and approximate value are (list) $_______ 8. The debts of myself and my spouse are: $_______ Creditors Unpaid Monthly Balance Payments __________________________________ $_______ $_______ __________________________________ $_______ $_______ (Attach additional schedules as needed) Total............................ $_______ $_______ 9. My necessary monthly expenses to support myself (and child or children) are as follows: Rent or House Payment$_______ Life Insurance $_______ Water $_______ Fire Insurance $_______ Telephone $_______ Transportation $_______ Food $_______ Baby Sitter $_______ Clothing $_______ Drugs $_______ Laundry $_______ Medical $_______ Other (list) $_______ (Attach additional schedules as needed) Total ....................................... $_______ Subscribed and sworn to before me this _______ day of _______, 19__. ___________________________ Notary Public My commission expires:

APPENDIX A. SUMMONS IN ACTION FOR DIVORCE OR SEPARATION

Wed, 02 Jan 2019 20:21:39 GMT

STATE OF NORTH DAKOTA,	In District Court
County of _______.	_____ Judicial District
A. B., Plaintiff
vs.	SUMMONS
C. D., Defendant

The State of North Dakota to the above named defendant:

You are hereby summoned and required to appear and defend against the complaint in this action, which is [herewith served upon you] [or will be filed with the clerk of this court], by serving upon the undersigned an answer or other proper response within twenty days after the service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

NOTICE OF TEMPORARY RESTRAINING PROVISIONS

Under Rule 8.4 of the North Dakota Rules of Court, upon service of this summons, you, and your spouse, are bound by the restraints following:

(1) Neither spouse shall dispose of, sell, encumber, or otherwise dissipate any of the parties' assets, except:

a. For necessities of life or for the necessary generation of income or preservation of assets; or

b. For retaining counsel to carry on or to contest the proceeding.

If a spouse disposes of, sells, encumbers, or otherwise dissipates assets during the interim period, that spouse shall provide to the other spouse an accounting within 30 days.

(2) Neither spouse shall harass the other spouse.

(3) All currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.

(4) Neither spouse shall remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court except for temporary periods.

IF EITHER SPOUSE VIOLATES ANY OF THESE PROVISIONS, THAT SPOUSE MAY BE IN CONTEMPT OF COURT.

Dated ____________________ Signed:_______________

Attorney for Plaintiff

Address: _____________