A. Definitions. The following Definitions are used in this rule.

  1. A “domestic-relations matter involving children” includes filings for dissolution of marriage, legal separation, and determination-of-paternity cases which involve issues of custody, parenting time, visitation, or other access with a child.

  2. “Conciliation” as used in this Rule means “Conciliation Court” or “The Conciliation and Mediation Services Office.”

  3. “Facilitator” as used in this rule means persons qualified as “approved specialized mediators” pursuant to Neb. Rev. Stat. § 43-2938(3) (Cum. Supp. 2024).

  4. “Facilitation” means “specialized alternative dispute resolution” (SADR) process as defined by Neb. Rev. Stat. § 43-2922(23) (Cum. Supp. 2024).

  5. “Parenting Plan Checklist” means a checklist maintained by Conciliation per local rule, listing the requirements for a Parenting Plan, which shall include all issues of child custody, parenting time, visitation, other access, and any other issues relating to the children that may be susceptible to mediation or the specialized alternative dispute resolution process.

  6. The “Mediation Committee” means a standing committee of the District Court and will be composed of four (4) Judges, the Conciliation and Mediation Services Director, at least one outside mediator/advisor, and such other persons as the Committee deems necessary. The Chair Judge of Conciliation and Mediation Services will chair this Committee and may be consulted individually, as may be needed by the Conciliation and Mediation Services Director, for answers on day-to-day operations of the mediation program.

  B. Register With Conciliation. Within ten (10) days of filing an initial complaint in a domestic-relations matter involving children, the filing party shall be required to register with or contact Conciliation. Register with Conciliation by going to https://www.dc4dc.com/conciliation-a-mediation to register for a basic level parenting class, or, if taking a different approved basic level parent education class, contact Conciliation at 402-444-7169 to provide current address, telephone number, and e-mail. Any questions can be directed to Conciliation at this phone number.

  Within ten (10) days of service of process, the party served shall likewise be required to register with or contact Conciliation as described above. Prior to the entry of any order awarding temporary relief, the moving party shall certify that the party has registered with or contacted Conciliation.

  C. Parent Education Classes. Parents who are parties to domestic-relations matters involving children are required to attend an approved parent education classes as set forth in the Conciliation Court Practices, Policies and Procedures (“Conciliation Policies”). The Conciliation Policies are available online at https://www.dc4dc.com/conciliation-a-mediation or by calling 402-444-7169. Completion of the class is required within 30 days of registering with or contacting Conciliation unless an extension is granted. However, be aware that any court deadline in your specific case may require sooner completion.

  D. Parenting Plan Checklist. Conciliation shall maintain a Parenting Plan Checklist, which shall include issues of child custody, parenting time, visitation, other access, and any other issues relating to the children that may be susceptible to mediation or the specialized alternative dispute resolution process.

  E. Approval of Parenting Plans. All Parenting Plan agreements shall be forwarded to Conciliation where Conciliation staff shall review said Parenting Plan agreements for compliance with Conciliation’s Parenting Plan Checklist. Conciliation staff shall then forward a copy of the approved Parenting Plan agreement, along with the appropriate closure form to the Clerk of the District Court for filing.

  F. Required Mediation/Facilitation. Except as otherwise required by Neb. Rev. Stat. § 43-2937(4) (Cum. Supp. 2024), when the parties or their counsel are unable to negotiate a parenting plan agreement which satisfies the requirements of the 4-3.1 Parenting Plan Checklist, then the parties are required to meet and confer with either the Director of Conciliation or another assigned mediator to mediate/facilitate a Parenting Plan that addresses the Parenting Plan Checklist. Conciliation Court will prepare a manual of Conciliation Policies for distribution on its website, https://www.dc4dc.com/conciliation-a-mediation, with the purpose of advising the filing parties, their attorneys, and mediators and facilitators, of the Fourth Judicial District’s local procedures for required mediation and conciliation. All contents of the Conciliation Policies manual must be in accordance with applicable court rules and state law. If the Conciliation Policies manual conflicts with court rules or state law, the court rule or state law shall prevail. Among other topics, the Conciliation Policies shall provide detail on the local processes for:

  1. Assignment of a mediator;

  2. Parent education, mediation, and specialized alternative dispute resolution facilitation; and

  3. Requesting mediation/facilitation or requesting a judge to waive mediation/facilitation.

  At any time in the proceedings, an interested individual may request mediation/facilitation, or a judge may order or waive mediation/facilitation. The term “interested individual” in Rule 4-3.1(F)(4) means those listed in § 43-2936--parties, guardians ad litem, and social service agencies--as well as those “serving in parenting roles” under § 43-2923(3) whose continued participation in the children’s lives is a necessary consideration under the best interests factors of the Parenting Act. More detail on this process is set forth in the Conciliation Policies.

  G. Requirements Before Scheduling Trial. No trial date or other dispositive hearing will be scheduled until (1) attendance at the appropriate, required, and approved parent education class has been completed and mediation or other SADR facilitation process has been attempted to resolve issues of custody, parenting time, visitation, or other access, unless these requirements have been waived, and (2) the parties have filed a Proposed Scheduling Order pursuant to Fourth Judicial District Local Court Rule 4-10, provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months.

  H. Re-mediation Requirements for Modifications. Before filing a Complaint to Modify (Parenting Plan); an Application for Order to Show Cause (Parenting Plan); or a Motion to Enforce Parenting Time, Visitation, or Other Access Orders, the filing party shall:

  1. Register with Conciliation. Register with Conciliation by going to https://www.dc4dc.com/conciliation-a-mediation/parenting-program-sign-up to register for a 2nd Level Parent Education Class or, if taking a different approved 2nd Level Parent Education Class, contact Conciliation at 402-444-7169 to provide current address, telephone number, and e-mail. Any questions can be directed to Conciliation at this phone number. Additional details on this process and its requirements are contained in the Conciliation Policies is available online at https://www.dc4dc.com/conciliation-a-mediation.

  2. Complete an approved and required 2nd Level Parent Education Class.

  3. Participate in re-mediation as described in the Conciliation Policies available online at https://www.dc4dc.com/conciliation-a-mediation, unless excused under Part I of this Rule, below.

  I. Modification Pleading Requirements. Any party filing a Complaint to Modify (Parenting Plan), an Application for Order to Show Cause (Parenting Plan), or a Motion to Enforce Parenting Time, Visitation, or Other Access Orders must state in the pleading the date the approved 2nd Level Parent Education Class was completed and the date re-mediation was held and the outcome of remediation, or that such requirements have been waived by Conciliation due to complete agreement of the parties on all issues. If the filing party claims his or her attempt to re-mediate was thwarted by the other party, the filing party shall state with specificity in the pleading the filing party’s good faith efforts to re-mediate and the other party's responses thereto.

  J. Conciliation List of Mediators/Facilitators. Conciliation shall maintain a list of mediators and facilitators approved by the District Judges and the Mediation Committee of the District Court. 

  K. Mediator/Facilitator Fees. Court-approved mediators and facilitators will determine their own fees and will provide a copy of their fee schedule to the Conciliation and Mediation Services Director. In order to be on the 4-3.1 Panel list of court-approved mediators and facilitators, a mediator or facilitator must agree to use a sliding-fee scale based on a party’s financial need. The current sliding-fee scale range shall be approved by the Conciliation Committee and stated in the Conciliation Policies available online at https://www.dc4dc.com/conciliation-a-mediation. Court-approved mediators and facilitators must also agree to take pro bono cases on an “as needed” basis. Conciliation will determine the need for such pro bono services, so that the burden of these cases is equitably distributed among the participating mediators and facilitators. 

  L. Judicial Orders to Mediate. 

  1. Order contents. When a judge refers a case for mediation or specialized alternative dispute resolution, the judge will indicate the issues to be mediated or facilitated, as well as any choice of a mediator or facilitator if the judge has a preference. The judge may also indicate whether there is a particular mediator or facilitator whom the judge does not wish to use. If financial issues are to be mediated, the case will be assigned to an attorney mediator. 

  2. If the judge does not assign a specific mediator or facilitator, and the parties do not mutually agree upon a mediator, Conciliation will assign a mediator according to the process described in the Conciliation Policies. 

  3.The attorneys or self-represented litigants shall notify Conciliation when mediation has been ordered by the Court and shall provide Conciliation with all necessary party information within five (5) business days.

  M. Written Agreements and Objections.

  1. Written Agreement. If the parties reach an agreement through mediation or the SADR specialized alternative dispute-resolution facilitation process, the agreement shall be reduced to writing. The mediator or the facilitator shall provide copies of the agreement to the parties and their attorneys.

  2. Notice of time for Objections. The mediator or facilitator shall provide the parties, with a copy of the written agreement, a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have twenty-one (21) days from the date of the notice to notify the mediator or facilitator of any written objections to the terms of the agreement.

  3. Limitations on Trial Objections. At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstances subsequent to the filing of a final agreement unless a written motion asking leave of the court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.

  N. Mediation Letter. The Mediation Committee will prepare a letter, for distribution by the District Court Administrator, advising the filing parties and their attorneys that attendance at an approved basic level parent education class is mandatory and required for domestic-relations matters involving children under the age of majority and must be completed within the time frame specified in this rule. The letter should also advise the parties and counsel (1) that Parenting Plans and issues of child custody, parenting time, visitation, or other access with a child will be referred for mediation or specialized alternative dispute resolution; (2) that no trial or other dispositive hearing will be scheduled until attendance at the required parent-education seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting time, visitation, or other access has been attempted; (3) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months; and (4) that issues of domestic-violence, domestic intimate-partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution processes. The Clerk of the District Court is directed to include this letter with the filing and service packets distributed by the Clerk.

  O. Conciliation Staff Follow Deadlines. The Conciliation staff will follow up on the deadlines set by the court, including any extensions of time that have been granted.

Adopted April 22, 2026.