HOUSE CONCURRENT RESOLUTION NO. 73
(By Delegate Sobonya)
Requesting the Joint Committee on Government and Finance to study
the feasibility and potential effectiveness of a twenty-four
hour period of reflection before
final signature of any
agreement agreed upon in any family law mediation to allow
both parties time to reflect upon the consequences of their
actions
.
Whereas, Across the globe, marriages are failing at an
unprecedented rate. A recent study has indicated that no-fault
divorce legislation has led to a remarkable increase in the number
of divorces; and
Whereas, Many nations have enacted mediation statutes to force
parties to communicate with each other in hopes of reconciliation.
Their legislative purpose is to curtail a consistent increase in
the divorce rate in their countries; and
Whereas, The notion of reconciliation also plays a significant
role in the use of mediation and in the outcome of the case. The
use of mediation to preserve the marriage and to lower the divorce
rate; and
Whereas, Divorce is about change. There is change in housing,
there are economic changes, none of which are comfortable. There is change in social status and in the way the children's lives are
managed. And for most, change is not welcome and often involves
loss and an uncertain and scary future; and
Whereas, Parties in a divorce proceeding who have chosen to
mediate a resolution have demonstrated their willingness to
cooperate instead of becoming confrontational; and
Whereas, In the spirit of cooperation and understanding it
would seem not to be unreasonable, nor an undue burden, for the
divorcing couple to have a final twenty-four hour period of
reflection before final signature of any agreement agreed upon in
any family law mediation to allow both parties time to reflect upon
the consequences of their actions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility and potential effectiveness of
a twenty-four hour period of reflection before final signature of
any agreement agreed upon in any family law mediation to allow both
parties time to reflect upon the consequences of their actions;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.