{"id":351624,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/child-custody-mediation-faq.html"},"modified":"2024-11-14T16:55:00","modified_gmt":"2024-11-14T21:55:00","slug":"child-custody-mediation-faq","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/child-custody-mediation-faq.html","title":{"rendered":"Child Custody Mediation FAQ"},"content":{"rendered":"\n
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Child Custody Mediation FAQ<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Child custody mediation is the process wherein a neutral third party assists the parents in developing a parenting plan. It aims to secure the child’s healthy relationship with both parents, particularly in cases of separation or divorce. Here, a neutral third party called the mediator assists the parents in finding common ground by creating a supportive and safe environment, encouraging open dialogue while keeping the best interest of the child in mind. <\/p>\n\n <\/div>\n\n

There are two general types of child custody mediation: court-ordered mediation and private mediation. In either case, the parents should come to an agreement. Then, a mediator will assist them in forming a parenting agreement. This agreement is then forwarded to the attorneys of each party for review. A judge signs the agreement, and then it becomes a court order.<\/p>\n

This article provides the basics of mediation<\/a>. Learn about the benefits of mediation and some scenarios where mediation may not be the best choice for a separated couple. The following are answers to a few of the most frequently asked questions (FAQs) about child custody mediation<\/a>.<\/p>\n

What is Mediation?<\/b><\/h2>\n

Mediation is an alternative dispute resolution<\/a> process that involves a neutral third party (a \u201cmediator"). The mediator assists in negotiating a settlement between the parties. The mediator does not make decisions or impose solutions. Instead, they help the parties communicate and reach a mutually agreeable outcome. Many family courts across the United States actually require divorce mediation sessions before proceeding to trial.<\/p>\n

Mediation can be an effective tool for resolving a wide range of legal disputes, including custody issues. When parents separate or divorce, they may need to establish a custody order<\/a> that outlines how they will share physical and legal custody of their child. Mediation can be a useful option for parents who want to negotiate the terms of their custody agreement without going to court.<\/p>\n

Why Should I Try Mediation Instead of Going to Court for a Child Custody Dispute?<\/b><\/h2>\n

Mediation programs are used for a variety of issues but are often used for family law disputes. This is because emotions are usually running high in these situations. In a battle over the custody of the child<\/a>, a judge in a trial may make a decision that satisfies neither party. The process is also emotionally taxing and expensive.<\/p>\n

In mediation, the parties work together with a neutral third party to reach a custody agreement or parenting plan. The agreement or plan will be tailored to their unique situation and meet the child’s needs. Mediation can be a less adversarial and more effective way to resolve custody disputes than going to court.<\/p>\n

My Ex and I Have a Bad Relationship. Can Child Custody Mediation Still Work?<\/b><\/h2>\n

Mediation can be done separately. If you and your ex can’t be in the same room together, mediation can accommodate your animosity toward one another. The mediator will go back and forth between the parties and work on a parenting agreement until it’s completed.<\/p>\n

Keep in mind that mediators do this for a living and can skillfully deal with fighting couples. Mediators will stress the importance of putting aside personal issues for the sake of the child<\/a>. They are typically very good at redirecting a parent’s focus back to the issue that really matters — the child.<\/p>\n

Mediation may not be the best option for some parents. For example, it may not be appropriate if there is a history of child abuse, substance abuse, or domestic violence. In these situations, mediation can further exacerbate the power dynamics between the couple and lead to further harm to the victim.<\/p>\n

What Are Some of the Specific Advantages of Mediation for Child Custody Cases?<\/b><\/h2>\n

Some of the many benefits of mediation include the following:<\/p>\n