Reviewed August 2026
Mediation in North Dakota
North Dakota runs custody disputes through a court-administered Family Mediation Program under North Dakota Rule of Court 8.1. The district court clerk refers most new cases within 10 days of filing. This covers cases with disputed parental rights and responsibilities, child relocation, or grandparent visitation. It also covers original divorce, separation, and paternity cases where those issues come up. The program automatically provides up to six hours of combined pre-mediation orientation and mediation. The parties pay nothing for that block of time. A judge can also refer a parental rights and responsibilities case to mediation at any point. Parties in certain guardianship proceedings can request a referral too. Not every case qualifies. Rule 8.1 excludes cases involving termination of parental rights. It also excludes cases where the parties are already mediating privately, cases where custody is already stipulated, and cases with an active domestic violence protection order, except under specific safety conditions.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under North Dakota law for people researching before they file. It is not legal advice, and Virdix does not prepare or file North Dakota paperwork. See how Virdix works for California divorces.
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How a case gets referred to mediation
Under Rule 8.1(c)(1), the district court clerk automatically refers certain new civil proceedings to the program administrator within 10 days of filing. This includes cases with a disputed or unresolved parental rights and responsibilities issue, a child relocation dispute, or a grandparent visitation dispute. Post-judgment modification cases are referred too, but only after the court finds a prima facie case for modification under N.D.C.C. 14-09-06.6. The judge must also believe mediation could help.
A judge or referee handling a parental rights and responsibilities case can also refer it to mediation at any time, on the court's own initiative. Parties in a guardianship proceeding can request a referral during the initial appearance phase.
When a case cannot go to mediation
Rule 8.1(c)(4) bars referral to family mediation when the case involves termination of parental rights. It also bars referral when the parties already started mediating before the case was filed, or when they already stipulated to parental rights and responsibilities at filing. The rule also bars referral when there is a current domestic violence protection order or other protective order between the parties.
That domestic violence exclusion has a narrow exception. Mediation can still happen if the victim requests it and the court grants an exception to the protective order. The mediator must be trained to address domestic violence victims' safety needs. The victim must get separate meetings and separate rooms during mediation. Security measures must be in place at the mediation location. The victim must be allowed to bring an advocate or support person. These conditions are written to satisfy the family mediation standards in N.D.C.C. 14-09.1-02.
How long mediation takes and what it costs
The program automatically covers up to six hours of combined pre-mediation orientation and mediation. Each party attends an individual pre-mediation orientation and screening with a designated mediator. Then comes at least one joint mediation session. Attorneys can participate if a party is represented.
Parties who need more than six hours can purchase additional sessions. The hourly rate is set annually by the state court administrator. Parties can also apply to the program administrator for extra sessions, a fee waiver, or a sliding-scale fee based on income. Timelines are set by rule. Parties must contact the mediator for orientation within 20 days of the scheduling order for most cases. They must complete mediation sessions within 120 days. A judge can extend these deadlines for good cause.
Mediator qualifications and standards
To mediate in North Dakota's program, a mediator must meet the criteria in Rule 8.9. Alternatively, the mediator needs at least 40 hours of mediation training and four years of family mediation experience, averaging six cases a year. The mediator must also carry malpractice insurance covering mediation work. Mediators apply to join the program's roster. The program administrator has discretion over who is approved.
All mediators must follow the ABA Model Standards of Practice for Family and Divorce Mediation, referenced in the rule as Supplement 2. A mediator can only be removed from a case for shown bias or a conflict of interest. A party's request alone is not enough.
Confidentiality and how agreements become orders
Rule 8.1(e)(5) holds mediators to a high confidentiality standard. They cannot discuss or reveal details of a mediation session, or information a party shared during it, to any judge, magistrate, or third party. This confidentiality is backed by N.D.C.C. 14-09.1-06 and N.D.C.C. 31-04-11. These statutes make mediation communications inadmissible as evidence, subject to statutory exceptions.
When the parties reach an agreement, the mediator and parties prepare a written summary in the parties' own words. Each party signs it. The parties then have seven days to ask the mediator to reconsider. After that, the mediator files the final summary and a closing form with the clerk of court, with a copy to the presiding judge. This lets the agreement become part of the case.
Sources: N.D.R.Ct. 8.1, Family Mediation Program (full rule text), North Dakota Courts, Family Law Mediation Program overview
Not independently confirmed
- The current hourly rate the state court administrator sets annually for mediation sessions beyond the free six hours was not independently confirmed and changes periodically.
- The specific income thresholds used on the program's fee waiver and sliding-scale schedule were not independently confirmed and should be checked with the program administrator.
Mediation in North Dakota: frequently asked questions
Is mediation mandatory in a North Dakota custody case?+
Most new cases involving disputed parental rights and responsibilities, child relocation, or grandparent visitation get automatically referred to the Family Mediation Program. The court clerk makes the referral under Rule 8.1(c)(1), within 10 days of filing. Certain cases are excluded, including those with an active domestic violence protective order, absent specific safety exceptions.
What happens if there is a protective order between the parties in North Dakota?+
Rule 8.1(c)(4)(D) generally excludes cases with a current domestic violence protection order from mediation. An exception exists if the victim requests mediation and the court grants an exception to the order. A mediator trained in domestic violence must handle the case. The victim gets separate rooms and meetings, security measures are in place, and the victim can have a support person present.
How much does mediation cost in North Dakota?+
The program automatically provides up to six hours of combined pre-mediation orientation and mediation. Beyond that, parties can purchase additional hours at the state court administrator's set rate. They can also apply for a fee waiver or sliding-scale fee based on income using the program's application forms.
What qualifications does a North Dakota family mediator need?+
Under Rule 8.1(e)(1), a mediator must meet the criteria in Rule 8.9. Alternatively, the mediator needs at least 40 hours of mediation training and four years of family mediation experience, averaging six cases a year. The mediator also needs malpractice insurance covering the mediation practice.
Is North Dakota family mediation confidential?+
Yes. Rule 8.1(e)(5) bars mediators from discussing mediation details or party information with a judge or any third party. N.D.C.C. 14-09.1-06 and N.D.C.C. 31-04-11 make communications from mediation generally inadmissible as evidence, subject to statutory exceptions.
How does a mediated agreement become a court order in North Dakota?+
The mediator and parties prepare a signed written summary of the agreement. The parties have seven days to request reconsideration. If neither does, the mediator files the final summary and a closing form with the clerk of court, with a copy sent to the presiding judge. This lets the agreement become part of the case.
This page is general information about mediation in North Dakota, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with North Dakota's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in North Dakota. Virdix does not prepare or file North Dakota divorce paperwork. It is not a substitute for an attorney licensed in North Dakota.
More North Dakota divorce guides
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