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Rule 603.Mediation of Other Matters

Part VI. Alternative Dispute Resolution · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 603 covers mediation of everything other than custody and visitation, and sets the qualifications for court-appointed mediators.

Full Text of Rule 603

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

(a) Definition of Mediation. Mediation under this rule is the process by which a neutral mediator appointed by the court or agreed to by the parties assists the parties in reaching a mutually acceptable agreement. The role of the mediator is to aid the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, and finding points of agreement. An agreement reached by the parties is to be based on the decisions of the parties, and not the decisions of the mediator.
(b) Matters Subject to Mediation. All issues in family law actions other than child custody and visitation disputes are eligible for referral to mediation under this rule. Child custody and visitation disputes must be mediated pursuant to Rule 602.
(c) Authority of the Courts. The referral of a case to mediation does not divest the court of the authority to exercise management and control of the case during the pending mediation.
(d) Referral to Mediation. In its discretion a court may order a case to mediation, as follows:
(1) on motion by a party;
(2) at any Rule 701 conference;
(3) on consideration of a request for trial setting, if all parties indicate in their request or response that mediation would be beneficial; or
(4) at any other time upon 7 days’ notice to the parties if the court determines mediation is appropriate.
(e) Selection of the Mediator. The parties will have 28 days from entry of the mediation order, or such other time as the court may allow, to select any person to act as mediator and report their selection to the court. If the parties do not select a mediator within 28 days, then the court must appoint a mediator from the judicial district's list of mediators maintained pursuant to subsection M(1).
(f) Scheduling of the Mediation Session. Unless the court otherwise orders, the initial mediation session must take place within 42 days of the reporting of the selection or the appointment of the mediator.
(g) Reports. Within 7 days following the last mediation session, the mediator or the parties must advise the court, with a copy to the parties, whether the case has settled, in whole or in part.
(h) Compensation of Mediators. Mediators must be compensated at their regular fees and expenses, which must be clearly set forth in the information and materials provided to the parties. Unless other arrangements are made among the parties or ordered by the court, the interested parties will be responsible for a pro rata share of the mediator's fees and expenses. If a mediator is not paid, the court may order payment, upon motion of the mediator.
(i) Impartiality. The mediator has a duty to be impartial, and has a continuing duty to advise all parties of any circumstances bearing on possible bias, prejudice, or partiality.
(j) Contact between Mediator, Attorneys, and Other Interested Persons. The mediator and the attorneys for the parties may communicate with one another in the following manner:
(1) any contacts between the attorneys and the mediator must be either in writing or by conference call; and
(2) attorneys and other persons are excluded from mediation conferences unless their presence is requested by the mediator or ordered by the court.
(k) Confidentiality. The mediator must abide by the confidentiality rules agreed to by the parties. Confidentiality protections of Idaho Rules of Evidence 408 and 507 extend to mediation.
(l) Sanctions. The mediator must be subject to sanctions, including removal from the roster of mediators, if the mediator fails to assume the responsibilities provided herein.
(m) Qualification of Mediators.
(1) Each trial court administrator must maintain a list of mediators who meet the qualifications of subsection (m)(2), and rosters from dispute resolution organizations that meet the criteria set forth in subsection (m)(3).
(2) Mediation Registration; Qualifications of Court–Appointed Mediators.
(A) The Administrative Director of the Courts must compile and distribute at least annually a list of mediators. For that purpose, the Administrative Director of the Courts must gather from all applicants an application demonstrating that the applicant:
(i) is a member of the Idaho State Bar;
(ii) has been admitted to practice law for not less than5 years; and
(iii) has attended a minimum of 40 hours of mediation training.
(B) In order for a person to remain on the list of mediators maintained by the Administrative Director of the Court, the mediator must submit proof that the mediator has completed a minimum of 5 hours of additional training or education during the preceding 3 calendar years on one of the following topics: mediation, conflict management, negotiation, interpersonal communication, conciliation, dispute resolution or facilitation. This training must be acquired by completing a program approved by an accredited college or university or by one of the following organizations: Idaho State Bar or its equivalent from another state; Idaho Mediation Association or its equivalent from another state; Society of Professionals in Dispute Resolutions; American College of Civil Trial Mediators; Northwest Institute for Dispute Resolution; Institute For Conflict Management; the National Academy of Distinguished Neutrals or any mediation training provided by the federal courts. Any program that does not meet these criteria may be submitted for approval either prior to or after completion. The requirement that continuing education for mediators include at least 5 hours of training in mediation takes effect for renewals due on or after July 1, 2013.
(3) Mediation Registration; Sponsors of Additional Rosters of Mediators.
(A) A public or private dispute resolution organization may make its roster of mediators available to the Administrative Director of the Courts for distribution to the trial court administrators if it documents that it has:
(i) an established selection and evaluation process for neutrals;
(ii) a mechanism for addressing complaints brought against neutrals; and
(iii) published code of ethics that the neutrals must follow.
(iv) A compilation of the organization's selection, evaluation, published code of ethics, and complaint processes that can be distributed to the parties must be provided.
(4) A list and roster of mediators distributed by the Administrative Director of the Courts, pursuant to subsections A and B, must contain the following information about each mediator:
(A) name, address, telephone and fax number(s), email address, professional affiliation(s), education;
(B) legal and mediation training and experience; and
(C) fees and expenses.
End

Rule History

(Adopted March 29, 2021, effective July 1, 2021.)

Plain-English Summary

Rule 603 is Rule 602's counterpart for the rest of the case.

What comes here

All issues in family law actions other than child custody and visitation disputes. Those must be mediated under Rule 602. So property division, debt allocation, maintenance and support disputes come here.

The differences from Rule 602

Four are worth knowing:

  • Timing. The initial session must take place within 42 days of reporting the selection or appointment, not Rule 602's 14.
  • Cost sharing. Interested parties bear a pro rata share, rather than each paying one-half.
  • Reporting. Only a final report within 7 days of the last session — no 28-day status reports.
  • Sanctions. A mediator who fails to assume these responsibilities is subject to sanctions, including removal from the roster.

Everything else tracks Rule 602: the 28-day selection window, referral on motion, at a Rule 701 conference, on a trial-setting request, or on 7 days' notice; the court's retained management of the case; impartiality; written or conference-call contact with attorneys; exclusion of attorneys and others from conferences; and the confidentiality protections of Idaho Rules of Evidence 408 and 507.

Who may be appointed

Each trial court administrator maintains a list. To be listed, an applicant must be a member of the Idaho State Bar, admitted to practice for not less than 5 years, and have attended a minimum of 40 hours of mediation training.

Note the contrast with Rule 602, where custody mediators qualify under I.C.A.R. 76 and need not be lawyers. General-matter mediators must be.

To stay listed, a mediator must show at least 5 hours of additional training or education during the preceding 3 calendar years in mediation, conflict management, negotiation, interpersonal communication, conciliation, dispute resolution or facilitation, through an accredited college or an approved organization.

Outside rosters

A public or private dispute resolution organization may make its own roster available if it documents an established selection and evaluation process, a mechanism for addressing complaints, and a published code of ethics its neutrals must follow — with a compilation of all of that available for distribution to the parties. Every listing must carry the mediator's contact details, professional affiliations and education, legal and mediation training and experience, and fees and expenses.

Frequently Asked Questions

What disputes are mediated under this rule?

Rule 603(b) makes all issues in family law actions other than child custody and visitation disputes eligible for referral under this rule, and requires custody and visitation disputes to be mediated under Rule 602.

When must the first session happen?

Rule 603(f) requires the initial mediation session to take place within 42 days of the reporting of the selection or the appointment of the mediator, unless the court orders otherwise.

Who pays?

Rule 603(h) makes the interested parties responsible for a pro rata share of the mediator's fees and expenses unless other arrangements are made or the court orders otherwise, and allows the court to order payment on motion of an unpaid mediator.

Does the mediator have to be a lawyer?

Under this rule, yes. Rule 603(m)(2)(A) requires an applicant to be a member of the Idaho State Bar, admitted to practice law for not less than 5 years, and to have attended a minimum of 40 hours of mediation training.

What continuing training must a mediator have?

Rule 603(m)(2)(B) requires proof of a minimum of 5 hours of additional training or education during the preceding 3 calendar years on mediation, conflict management, negotiation, interpersonal communication, conciliation, dispute resolution or facilitation.

Can a mediator be removed?

Yes. Rule 603(l) subjects the mediator to sanctions, including removal from the roster of mediators, if the mediator fails to assume the responsibilities provided in the rule.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text
Also known as: mediation of other mattersproperty mediationmediator qualifications42 daysroster of mediatorspro rata share