d.         Scope of mediation.

Mediation may address all issues of controversy between the parties, unless limited by Tribal Court order.

e.         Confidentiality.

Mediation proceedings under these rules are privileged, not subject to discovery, and inadmissible as evidence in domestic relations proceedings without the written consent of both parties.

Mediators and lawyers for the parties, to the extent of their participation in the mediation process, cannot be called as witnesses in the family Tribal Court proceedings.

No record shall be made without the agreement of both parties, except for a memorandum of issues that are resolved.

f.          Termination of mediation.

Mediation shall be terminated upon the earliest of the following circumstances to occur:

(1)            A complete agreement of the parties;

(2)            The partial agreement of the parties and a determination by the mediator that further mediation will not resolve the remaining issues.

(3)            The determination by the mediator that the parties are unable to reach agreement through mediation or that the proceedings are inappropriate for mediation.

g.         Mediator's memorandum.

(1)            Submissions.   Upon termination of mediation, the mediator shall submit a memorandum to the parties and the Tribal Court setting out:

(i)            the complete or partial agreement of the parties and enumerating the issues upon which the parties cannot agree; or

(ii)            that no agreement has been reached, without any explanation.

(2)            Copy to lawyer.   Where a party is represented by a lawyer, the mediator shall send a copy of the memorandum to that party's lawyer as well as the party.

(3)            Agreement.   The parties' agreement shall be reduced to writing by counsel for the petitioner, or the counsel for the respondent with the consent of the petitioner, in the form of a marital termination agreement, stipulation, or similar instrument.  The written agreement shall be signed by both parties and their counsel and submitted to the Tribal Court for approval.

h.         Child custody investigation.

When the parties are unable to reach agreement on custody through mediation, the mediator may not conduct a custody investigation except by order of the Court with notice to the parties and opportunity to be heard.  The Court shall be authorized to request the services of any qualified investigator from other Tribal, federal, state, or county agencies to conduct custody investigations.  The Tribal Court shall be required to advise the Prairie Island Mdewakanton Dakota Community each year as to the necessary funds for such services and shall make the formal requests for such additions to the annual budget.

Section 11.      Appeals.

 

Appeal of custody, visitation, child support, maintenance, property division, adoption, paternity, and child welfare matters shall comport with the Prairie Island Rules of Civil Procedure, Rule 38.