Decisions about child custody are critically important. As parents, you want to ensure you get it right. However, disagreements about custody arrangements can arise, and when they do, they can be stressful and emotionally taxing. Fighting over child custody in court can intensify the stress. On top of that, litigation can be extremely costly. Fortunately, alternative dispute resolution (ADR) methods exist for parents who cannot agree on a child custody arrangement. Child custody mediation is one alternative that can help disagreeing parents resolve their disputes.
What is Child Custody Mediation?
Mediation is a form of ADR that entails working with a neutral third party (a mediator) to resolve the dispute. Mediators do not represent either party. Their work is to facilitate communication and negotiations between the parties. In a child custody case, the mediator facilitates discussions and negotiations between the parents to help them reach an agreement on custody and visitation.
Mediation can be court-ordered or private and voluntary. However, even if the court orders you to participate in custody mediation, you will most likely have the option of choosing private mediation instead of the mediation program offered through the court.
The Child Custody Mediation Process
The child custody mediation process begins with an initial meeting, where the mediator explains their role and shares the guidelines for the sessions. During this meeting, the mediator also informs the parties of what is expected during the process, including the importance of collaboration and discretion. Both parents may then share their perspectives and concerns regarding child custody and parenting schedules. The mediator then gathers information about the child’s needs and other relevant factors.
Then, the sessions begin. Separate sections may occur before the parents come together for joint discussions. Throughout the sessions, the mediator guides the parents toward reaching a mutually agreeable custody arrangement by encouraging open, honest, and respectful communication. The mediator helps identify common ground and potential solutions. They may suggest creative solutions, but they cannot make the final decision.
If the parents reach an agreement, the mediator will help draft an agreement outlining the agreed-upon custody arrangement and parenting plan. The plan may include visitation schedules, decision-making authority, and how future disputes will be handled. The agreement will then be submitted to the court for approval. If the court finds that the custody agreement is in the child’s best interest, it will be approved as a legally enforceable court order.
Benefits of Child Custody Mediation
Child custody mediation offers several benefits, including the following;
- Cost-effectiveness: This process is less expensive than litigation.
- Quicker resolution: While court cases can take months or even years, mediation often leads to quicker resolutions.
- Flexibility: Mediation allows for more creative solutions that may suit a family’s unique circumstances.
- Privacy: Unlike courtroom proceedings, mediation is a private and confidential process.
- Less stressful: Mediation provides a less adversarial and more cooperative environment, reducing conflict.
- Child-centric approach: During mediation sessions, the focus is on the child’s best interests.
However, while child custody mediation can be effective and offers several benefits, it is not suitable for all cases. A skilled family lawyer can help you determine if mediation is right for you. An attorney can guide you through the mediation process and ensure your rights and your child’s best interests are fully protected.
Contact a New Jersey Family Law Attorney
If you are dealing with a child custody dispute, contact our skilled New Jersey family law attorney at The Trabosh Law Firm for legal help.