Rule 601.Alternative Dispute Resolution Screening
Part VI. Alternative Dispute Resolution · Last amended July 1, 2021 · Last verified September 4, 2026
Full Text of Rule 601
Rule History
(Adopted March 29, 2021, effective July 1, 2021.)
Plain-English Summary
Rule 601 opens Part VI with a step that precedes mediation rather than substituting for it.
What screening is for
In any family law action involving a child, the presiding judge may order the parties to participate in Alternative Dispute Resolution screening, to assess whether the parents are appropriate or prepared to engage in mediation. A secondary purpose is to give the parents and the court recommendations that may make mediation more workable, or supply alternatives that broaden parenting options.
Who screens
ADR screeners are appointed by the judge. To be eligible, an applicant must be currently licensed in Idaho as a psychologist, licensed master social worker, or licensed professional counselor practitioner.
The report
A screening report comes from a structured and standard interview conducted with each biological parent, reported to the court in writing. Two things attach: an Idaho criminal history check on each parent, and a statement of the child's needs based on the parties' reports and the screener's observations.
If one or both parties fail to appear, no report will be filed — the process is comparative, and half of it is not a report.
The line it must not cross
The recommendations are designed to protect the child from the negative impact of parental conflict and the adversarial process. And the limit is explicit: ADR reports will not make recommendations for custody and visitation and should be used as a case management tool.
That is the distinction between Rule 601 screening and a Rule 1004 parenting time evaluation or a Rule 1005 brief focused assessment. Screening asks whether these parents can negotiate; an evaluation asks what arrangement serves the child. Reading a screening report as a custody recommendation misuses it.
Factors, and confidentiality
Non-exhaustive: compliance with the ADR process; issues of domestic violence, including the ability to maintain impulse control and anger management; the use of, or allegations about the use of, drugs and alcohol; each parent's ability to articulate their own needs and consider the child's; and the parties' mental health and emotional stability.
The report is exempt from disclosure under I.C.A.R. 32(d)(14)(B).
Frequently Asked Questions
What is ADR screening?
Rule 601(a) allows the presiding judge in any family law action involving a child to order the parties to participate in Alternative Dispute Resolution screening to assess whether the parents are appropriate or prepared to engage in mediation.
Will the screener recommend a custody arrangement?
No. Rule 601(c)(1) provides that ADR reports will not make recommendations for custody and visitation and should be used as a case management tool.
What if one parent does not attend?
Rule 601(c)(1) provides that no ADR report will be filed if one or both parties fail to appear at the interview.
Who can be an ADR screener?
Rule 601(b) requires the applicant to be currently licensed by the state of Idaho as a psychologist, licensed master social worker, or licensed professional counselor practitioner, and screeners are appointed by the judge.
Is the report public?
No. Rule 601(c)(3) provides that the ADR report is exempt from disclosure pursuant to I.C.A.R. 32(d)(14)(B).
What does the screener look at?
Rule 601(c)(2) lists compliance with the ADR process, issues of domestic violence including impulse control and anger management, use of or allegations surrounding drugs and alcohol, each parent's ability to articulate their own needs and consider the child's, and the parties' mental health and emotional stability.