00 CS FOR SENATE BILL NO. 156(HES)                                                                                         
01 "An Act requiring a court to order parties involved in child custody or visitation                                      
02 matters to attend an educational presentation about mediation; and allowing the                                         
03 presentation to be through written materials when necessary."                                                           
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 25.20 is amended by adding a new section to read:                                                   
06  Sec. 25.20.075.  MANDATORY ATTENDANCE AT EDUCATION COURSE                                                             
07 RELATING TO MEDIATION.  (a)  After a petition for child custody is filed under                                          
08 AS 25.20.060, a petition to modify an award of custody or visitation is filed under                                     
09 AS 25.20.110, or an action for damages for failure to permit visitation is filed under                                  
10 AS 25.20.140, the court shall order the parties to attend an educational presentation                                   
11 approved by the court that explains the concept of mediation.                                                           
12  (b)  When implementing (a) of this section, the court may not require that the                                        
13 parties attend the educational presentation at the same time.                                                           
14  (c)  An educational presentation approved by the court under this section must                                        
01 be a video cassette, audio cassette, or vocal presentation that includes an explanation that                            
02   (1)  mediation is a conflict resolution process, usually engaged in                                                  
03 voluntarily, in which a trained impartial third party assists the parties to negotiate a                                
04 consensual and informed settlement;                                                                                     
05   (2)  mediation is based on principles of problem solving that focus on the                                           
06 needs and interests of the participants, fairness, safety, confidentiality, self-determination,                         
07 and the best interests of all parties and other persons who the parties agree are affected;                             
08 and                                                                                                                     
09   (3)  the role of a mediator is not to make decisions for the parties or to                                           
10 report to a court about the mediation process but does include reducing the obstacles to                                
11 communication, maximizing the exploration of alternatives, and addressing the needs of                                  
12 the persons who the parties agree are affected.                                                                         
13  (d)  Notwithstanding other provisions of this section, a court, when necessary,                                       
14 may provide written materials to a party instead of ordering the party to attend an                                     
15 educational presentation under this section.  Written materials provided under this                                     
16 subsection must include the explanation required under (c)(1) - (3) of this section.