Mediation in Idaho

What's subject to mediation and how referral works

Rule 602 of the Idaho Rules of Family Law Procedure covers all family law actions involving a controversy over custody or parenting time of a minor child. Other issues in a family law case fall under the separate Rule 603 mediation process.

Referring a case to mediation under Rule 602 still requires a court to act. This can happen on a party's motion, at a Rule 701 scheduling conference, or when both parties indicate in a trial-setting request that mediation would help. It can also happen when the court decides on its own that mediation is appropriate after giving the parties seven days' notice. The referral itself does not take the case out of the court's ongoing management while mediation is pending.

Choosing and paying the mediator

Parties have 28 days from the mediation order, or another period the court sets, to select any person to act as mediator. They then report that choice to the court. If they don't choose someone within that window, the court appoints a mediator from the roster the Idaho Supreme Court's Administrative Office of the Courts maintains. The mediator's fees and expenses must be explained at the initial conference. Each party is generally responsible for half of the cost, unless the parties make other arrangements or the court orders otherwise. The first mediation session must be scheduled within 14 days of the mediator's selection or appointment, unless the court orders differently.

ADR screening

Under Rule 601, a judge in any family law case involving a child can order the parties to participate in Alternative Dispute Resolution screening. This assesses whether the parents are ready to engage in mediation and generates recommendations to help the court and family. Screeners must be Idaho-licensed psychologists, master social workers, or professional counselors. Screening reports are based on structured interviews with each parent, plus a criminal history check. They weigh factors including domestic violence, impulse control and anger, substance use concerns, and each parent's mental health and emotional stability. Screening reports do not recommend a custody outcome and are exempt from public disclosure.

Mediator qualifications and confidentiality

A child custody mediator appointed under Rule 602 must be qualified under Idaho Court Administrative Rule 76, Qualifications of Child Custody Mediators. Before mediation begins, the mediator must explain the mediation process and its cost. The mediator must also explain when they may meet alone with one party, and the confidentiality and privilege rules that apply, including that Rule 602(k) requires the mediator to follow whatever confidentiality rules the parties agree to and extends the confidentiality protections of Idaho Rules of Evidence 408 and 507 to mediation.

The mediator must advise both parties to seek independent legal counsel before resolving issues and formalizing any agreement. The mediator and the court generally cannot communicate outside notice to all parties, and the mediator's required reports to the court are limited to a few things: whether the parties reached an impasse or an agreement, whether a party failed to attend, or whether the mediator withdrew. The mediator cannot comment on the substance of the discussions.

How a mediated agreement becomes a court order

Rule 602 requires the mediator to advise parties that any agreement must be reduced to a final written agreement. That agreement is then submitted to the court for review and approval. If the parties reach a full or partial agreement, the mediator documents it in writing and gives each party or their attorney a copy. It becomes an enforceable order once the court reviews and approves it. If mediation reaches an impasse, the mediator notifies the court and the case moves forward toward other family law procedures.