Judical Code

a. Initiation.

(1) Moving papers--service; notice. Contempt proceedings shall be initiated by an order to show cause served upon the person of the alleged contemnor together with motions accompanied by appropriate supporting affidavits.

The order to show cause shall direct the alleged contemnor to appear and show cause why she or he should not be held in contempt of Tribal Court and why the moving party should not be granted the relief requested by the motion.

The order to show cause shall contain at least the following:

(i) A reference to the specific order of the Tribal Court alleged to have been violated and date of entry of the order;

(ii) A quotation of the specific applicable provisions ordered; and

(iii) The alleged failures to comply.

(2) Affidavits. The supporting affidavit of the moving party shall set forth each alleged violation of the order with particularity. Where the alleged violation is a failure to pay sums of money, the affidavit shall state the kind of payment which is in default and shall specifically set forth the payment dates and the amounts due, paid, and unpaid for each failure.

b. Hearing.

The alleged contemnor must appear in person before the Tribal Court to be afforded the opportunity to resist the motion for contempt by sworn testimony. The Tribal Court shall not act upon affidavit alone, absent express waiver by the alleged contemnor of the right to offer sworn testimony.

c. Disposition.

The Tribal Court may impose such civil fine or other penalty, as it deems appropriate.

Section 10. Mediation.

a. Order for mediation.

(1) When issued. The Tribal Court may issue an order for mediation upon a motion by a party, by stipulation of the parties, or upon the Tribal Court's own initiative. The Tribal Court shall not require mediation when it finds probable cause that domestic or child abuse has occurred. Where the parties have made an unsuccessful attempt to mediate with a qualified mediator, additional mediation need not be required.

(2) Prerequisite of final hearing. When ordered by the Tribal Court, participation in mediation shall be prerequisite to scheduling of a final hearing in a dissolution proceeding.

b. Mediators.

(1) Appointment. If mediation is ordered, the Tribal Court shall appoint a mediator from its approved list, unless the parties stipulate to a mediator not on the list.

Each party shall be entitled to file a request for substitution within seven (7) days after receipt of notice of the appointed mediator. The Tribal Court shall then appoint a different mediator with notice given to the parties.

(2) Qualification and training. The Tribal Court shall establish an approved list of mediators who also qualify for appointment by statute within the State of Minnesota or designation by federal district court.

c. Mediation attendance.

(1) Mandatory orientation. Parties ordered by the Tribal Court to participate in mediation shall attend the orientation session.

(2) Mediation sessions. Mediation sessions shall be informal and conducted at a suitable location designated by the mediator. Both parties shall appear at the time scheduled by the mediator, and attendance is limited to the parties, unless all parties and the mediator agree to the presence of other persons.

To assist in resolving contested issues, the parties may involve resource persons including lawyers, appraisers, accountants, and mental health professionals.