Mediation in Nevada

Two statutes, one mandatory framework

NRS 3.475 applies in Nevada's most populous county, Clark County. NRS 3.500 applies everywhere else. Both require the district court to set up a mandatory mediation program by rule, approved by the Nevada Supreme Court, covering custody and visitation cases. The two statutes use nearly identical language. The mediation process does not differ much depending on where in Nevada a case is filed.

The program requires impartial mediation of custody and visitation questions. It lets the court expand mediation to other nonfinancial issues it considers appropriate. Financial and property disputes are not part of this mandatory track.

When a case can skip mediation

Both NRS 3.475 and NRS 3.500 let the court exclude a case from mandatory mediation for good cause. The statutes name three specific examples. One is a history of child abuse or domestic violence by one of the parties. Another is the parties already participating in private mediation. The third is one party living outside the court's jurisdiction.

The domestic violence exclusion is not automatic. A party generally has to raise it and show the court good cause to skip the program. Courts can also let parties opt for a private mediator instead of the court's program.

Mediator training standards

Nevada law requires each program to set training standards for its assigned mediators. Under both statutes, the standards must cover several things. They include minimum educational requirements not tied to one profession, plus training in mediation procedure and interpersonal skills. New mediators must also complete an apprenticeship period before handling domestic cases. Continuing education is required as well. Programs must also confirm mediators understand the ethics and confidentiality standards involved.

Beyond training, the mediator is barred by statute from reporting anything to the court about what happened in mediation. The only exception is whether the dispute was resolved.

Confidentiality and cost

The statutes require the program to hold mediators to a high standard of confidentiality. The mediator cannot tell the court what was discussed, only whether the case settled. Programs must also set a sliding fee schedule based on a party's ability to pay. That means the cost is not fixed for everyone. Costs of the county program come from the county general fund, along with any fees, gifts, or grants collected.

How a mediated agreement becomes an order

Nevada's mandatory mediation statutes focus on getting the parties to resolve custody and visitation issues themselves. The mediator stays out of what gets reported to the court, beyond a yes-or-no on whether the case resolved. When parties reach an agreement in mediation, it still has to go before the judge. Only then does it become a custody or visitation order in the case. Nevada's statutes also leave room for courts to refer other financial or property issues to a special master, separate from the mediation program.