(b) Upon receipt of a case, the mediator shall:
(i) meet with the parents to address visitation issues within 15 days of the motion being filed;

(ii) assess the situation;

(iii) facilitate an agreement on visitation between the parents; and

(iv) determine whether a referral to a service provider under Subsection (3)(c) is warranted.

(c) While a case is in mediation, a mediator may refer the parents to a service provider designated by the Department of Human Services for services to facilitate visitation if:
(i) the services may be of significant benefit to the parents; or

(ii)(A) a mediated agreement between the parents is unlikely; and

(B) the services may facilitate an agreement.
(d) At anytime during mediation, a mediator shall terminate mediation and transfer the case to the administrator of the pilot program for referral to the judge to whom the case was assigned under Subsection (2) if:
(i) a written agreement between the parents is reached; or

(ii) the parents are unable to reach an agreement through mediation; and

(A) the parents have received services to facilitate visitation;

(B) both parents object to receiving services to facilitate visitation; or

(C) the parents are unlikely to benefit from receiving services to facilitate visitation.

(e) Upon receiving a case from the administrator of the pilot program, a judge may:
(i) review the agreement of the parents and, if acceptable, sign it as an order;

(ii) order the parents to receive services to facilitate visitation;

(iii) proceed with the case; or

(iv) take other appropriate action.

(i) the judge assigned to the case who may immediately issue orders and take other appropriate action to resolve the allegation and protect the child; and

(ii) the Division of Family Services within the Department of Human Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements.

(b) If an allegation under Subsection (4)(a) is made against a parent with visitation rights or a member of that parent's household, visitation by that parent shall be supervised until:
(i) the allegation has been resolved; or

(ii) a court orders otherwise.

(c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to mediate visitation problems and a service provider may continue to provide services to facilitate visitation unless otherwise ordered by a court.

(i) services to facilitate visitation;

(ii) case management services; and

(iii) administrative services.

(b) An entity who contracts with the Department of Human Services under Subsection (5)(a) shall:
(i) be qualified to provide one or more of the services listed in Subsection (5)(a); and

(ii) agree to follow billing guidelines established by the Department of Human Services and this section.

(i) reduced to a sum certain;

(ii) divided equally between the parents; and

(iii) charged against each parent taking into account the ability of that parent to pay under billing guidelines adopted in accordance with this section.

(b)(i) A judge may order a parent to pay an amount in excess of that provided for in Subsection (6)(a) if the parent:
(A) failed to participate in good faith in mediation or services to facilitate visitation; or

(B) made an unfounded assertion or claim of physical or sexual abuse of a child.

(c)(i) The cost of mediation and services to facilitate visitation may be charged to parents at periodic intervals.
(ii) Mediation and services to facilitate visitation may only be terminated on the ground of nonpayment if both parents are delinquent.

(8)(a) The Judicial Council may make rules to implement and administer the provisions of this pilot program related to mediation.

(b) The Department of Human Services may make rules to implement and administer the provisions of this pilot program related to services to facilitate visitation.

(b) The Department of Human Services shall adopt outcome measures to evaluate the effectiveness of the services component of this pilot program. Progress reports shall be provided to the Judiciary Interim Committee by August 1998 and as requested thereafter by the committee.

(c) The Administrative Office of the Courts and the Department of Human Services may adopt joint outcome measures and file joint reports to satisfy the requirements of Subsections 8(a) and (b).

(b) This pilot program shall be funded through funds received under Subsection (a), the Children's Legal Defense Account as established in Section 63-63a-8, or other available funding. Without funding, the pilot program may not proceed.