Tribe: Swinomish Indian Tribal Community
Subchapter III – Mediation
8-06.250 Appointment of Mediators
One or more mediators may be authorized by the Court to carry out the duties and responsibilities set forth in this Title.
8-06.260 Qualifications of Mediators
Mediators shall be knowledgeable, unbiased tribal members committed to the welfare of the Indian youth and the welfare of the community. These individuals shall have an understanding of tribal customs and traditions in regard to child rearing practices and be trained in dispute resolution.
8-06.270 Duties of Mediators
The mediator shall:
(A) Conduct informal conferences;
(B) Insure that during each conference all relevant facts are presented and all parties are given an opportunity to speak;
(C) Encourage the parties involved to reach a voluntary agreement that is acceptable to all;
(D) Report to the Court concerning the details of the agreement or report to the Court that the parties were unable to reach an agreement; and
(E) Perform such other duties as the Court or this Title may require.
8-06.280 Request for Mediation Conference
(A) A mediation conference under this Subchapter shall be initiated by a Request for Conference form filed by the presenting officer with the Court.
(B) The Court shall set a conference upon a request within ten (10) days.
8-06.290 Notice Requirements
(A) Written notice of the mediation conference shall be given to the youth and his or her parent(s), guardian or custodian as soon as the time and place for the conference has been established, but no later than five (5) days prior to the conference.
8-06.300 Procedure of Mediation Conference
(A) The conference shall be informal and conducted by the appointed mediator(s).
(B) No substantive information obtained at the conference may be admitted into evidence at a court hearing or any other court proceeding unless all parties agree otherwise. However, the terms of an agreed upon supervision plan are admissible as evidence at a subsequent proceeding involving the care of the youth.
(C) If a disposition agreement is reached, it shall be set forth in writing, including any conditions or requirements to be performed and filed with the Court by the presenting officer. The youth, the youth’s parent(s), guardian or custodian and the presenting officer, on behalf of the Tribe shall, sign the disposition agreement.
(D) The disposition agreement shall cover a fixed time period.
(E) Should no agreement be reached during the mediation conference or the parties fail to appear at the scheduled conference, a petition to initiate a court fact-finding hearing may be filed by the presenting officer.
8-06.310 Monitoring/Failure to Comply
(A) For youth in need of care cases, the Family Services Representative shall monitor compliance with the disposition agreement throughout its term. If the Family Services Representative finds that there has been a failure to comply with the terms of the disposition agreement, he or she may recommend that the presenting officer file a petition.
(B) For criminal or delinquency cases, the youth compliance officer shall monitor compliance with the disposition agreement throughout its term. If the youth compliance officer finds that here has been a failure to comply with the terms of the disposition agreement, he or she may recommend that the presenting officer file a petition.