Rule 38.Mediator panels; training and qualifications; information reporting
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 38
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
Each family court establishes a panel of mediators who meet the qualifications and training requirements set by the supreme court of appeals, and every panel member is subject to that court's approval. Mediation in family court therefore runs through a vetted, court-held list rather than through whoever the parties find.
The second subdivision is an information-gathering provision. All court personnel, and every person providing premediation screening or mediation, must give the supreme court of appeals whatever information it determines is necessary for assessing these programs.
The same reporting duty appears in Rule 37 for parent education and Rule 37a for the advanced class — the ruleset treats these programs as things to be measured, not merely run.
Frequently Asked Questions
Who can mediate a family court case?
A member of the panel each family court establishes, meeting the qualifications and training requirements set by the supreme court of appeals. All panel members are subject to that court's approval.
Who sets mediator qualifications?
The supreme court of appeals.
Who must report program information?
All court personnel and all persons providing premediation screening or mediation, to the supreme court of appeals, in whatever form it determines necessary.
Can parties choose their own mediator?
For court-ordered mediation on a parenting plan the court assigns one from the panel. Under Rule 40(b), for subsequent mediation on financial matters the parties select their own.
Does the panel requirement apply to every family court?
Yes. Each family court shall establish a panel.