§ 15-5-29 - Mediation proceedings involving custody and/or visitation.
SECTION 15-5-29
§ 15-5-29 Mediation proceedings involvingcustody and/or visitation. – (a) Where, in any petition for divorce, divorce from bed and board, or reliefwithout the commencement of divorce proceedings, the family court may, as toissues of custody and visitation, direct the parties to participate inmediation in an effort to resolve their differences, the court may order theparticipation in mediation in a program established by the court.
(b) At its discretion, the court may:
(1) Order mediation under this section prior to trial andpostpone trial of the case pending the outcome of the mediation, in which casethe issues of custody and visitation shall be tried only upon failure toresolve the issues of custody by mediation;
(2) Order mediation under this section prior to trial andproceed to try the case as to issues other than custody and visitation whilethe parties are at the same time engaged in the mediation, in which the issueof custody shall be tried separately upon failure to resolve the issues; and
(3) Complete the trial of the case on all issues and ordermediation under this section upon the conclusion of the trial, postponing entryof the decree pending outcome of the mediation, in which case the court mayenter a temporary decree as to issues other than custody any visitation uponcompletion of the trial or may postpone entry of any decree until theexpiration of the mediation period of agreement of the parties.
(c) Communications made by or to a mediator or betweenparties in the presence of the mediator as a part of mediation ordered underthis section are privileged and are not admissible as evidence in any civil orcriminal proceeding.