36-6-305 - Mediation in cases involving domestic abuse.

36-6-305. Mediation in cases involving domestic abuse.

In any proceeding concerning the visitation of a child, if an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is agreed to by the victim of the alleged domestic or family violence;

     (2)  Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and

     (3)  The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a non-attorney advocate for attendance at mediation.

[Acts 1997, ch. 350, § 3.]