Family Mediation and Counseling

District courts can order parties to participate in mediation for family law issues such as divorce, child custody and visitation, or guardianships and conservatorships.  For all child custody and visitation cases, the Iowa Code requires parents to attend mandatory courses on how divorce affects children.  The forms and details for Family Law Mediation and Family Counseling are different in each of the eight Iowa Judicial Districts.  To locate the specific details in your district, please see the map of the Judicial Districts on the Iowa Courts webpage, select your district in the left column, then select “Family Law Mediation.”

Family law mediation

Mediation is a process in which an impartial mediator listens and guides the parties as they try to talk through and resolve some issues.  If both parties cooperate, work through their issues, and agree how best to settle the disputes, they are generally happier with the outcome.  They also save time and money.  Any issues they can resolve on their own will not need a trial to settle, though the court must approve the parties’ agreements before the agreements go into effect.  The court will still decide whatever issues the parties cannot settle through mediation.

If you are ordered to participate in family law mediation, you can choose your own mediator or have the court appoint one.  The state does provide a list of mediators and their fees, arranged by districts.  You are entitled to attend the mediation with your own attorney.  Generally, each party pays their own mediation and attorney fees but the details can be negotiated, settled by the court, or included in the overall court costs.

Before attending mediation, you should consider what issues you would like to discuss during the process.  If you are working with an attorney, they will help you prepare.  Issues you might add to your list include child education, health, and time-sharing issues, child and spousal support, property division, and any other issues on which you disagree.

For more information on Family Law Mediation, see:

• Introduction to Family Law Mediation, a document the court may attach to the order for mediation
• Iowa Legal Aid's Resolving Family Law Problems Through Mediation page

Mandatory counseling for child custody or visitation

Iowa law requires that parties to any action which involves the issues of child custody or visitation must attend a court-approved course about the effects of divorce on children. In all judicial districts, there are courses such as “Children in the Middle” or “Children Cope with Divorce.” These classes are designed to help minimize the negative impact of divorce on children and educate parents about the needs of children whose parents are divorcing. 

Parents are required to attend within forty-five days of the service of original notice or application for modification of an order. A final decree shall not be entered until the parties have complied with this requirement, but under certain circumstances attendance can be waived by the court.

Each participant must pay a fee. Other persons, such as grandparents, may also attend for a fee. The registration procedure for each provider may vary, so participants should call to get specific information when planning to attend a class.  Some of the Iowa Judicial Districts include a list of approved providers for these courses on their “Family Law Mediation” pages.  For the districts that do not provide a list, try an Internet search for Iowa Children in the Middle in your county (for example: Iowa Children in the Middle Dubuque County).