HB-4476, As Passed House, April 19, 2016HB-4476, As Passed Senate, April 14, 2016

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4476

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 1035.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1035. (1) Except as provided in this subsection, unless a

court first conducts a hearing under the court rules to determine

whether mediation is appropriate, the court shall not submit a

contested issue in a domestic relations action, including

postjudgment proceedings, if either of the following applies:

(a) A personal protection order has been issued under section

2950 or 2950a or another order has been entered protecting 1 party

and restraining the other party. However, the court may order

mediation if the protected party requests mediation.

(b) One or both of the parties are involved in a child abuse

or neglect proceeding. However, the court may order mediation if a

parent protected by an order in the proceeding requests mediation.

(2) In a domestic relations mediation, the mediator shall make

reasonable inquiry as to whether either party has a history of a

coercive or violent relationship with the other party. A reasonable

inquiry includes the use of the domestic violence screening

protocol for mediation provided by the state court administrative

office as directed by the supreme court.

(3) A mediator shall make reasonable efforts throughout the

domestic relations mediation process to screen for the presence of

coercion or violence that would make mediation physically or

emotionally unsafe for any participant, or that would impede the

achievement of a voluntary and safe resolution of issues.

(4) As used in this section, "domestic relations action" means

any of the following:

(a) An action for divorce, separate maintenance, annulment of

marriage, affirmation of marriage, paternity, family support under

the family support act, 1966 PA 138, MCL 552.451 to 552.459, the

custody of minors under the child custody act of 1970, 1970 PA 91,

MCL 722.21 to 722.31, or grandparenting time under section 7b of

the child custody act of 1970, 1970 PA 91, MCL 722.27b.

(b) A proceeding that is ancillary or subsequent to an action

listed in subdivision (a) and that relates to any of the following:

(i) The custody of a minor.

(ii) Parenting time with a minor.

(iii) The support of a minor, spouse, or former spouse.