What to expect at mediation?

What to expect at your mediation

     Before parents go to trial, the courts will oftentimes require them to attend mediation. The truth is, courts don’t want to see parents disagreeing. When you’re sent to mediation, this is the courts way of saying, lets see if you all can come to an agreement between each other first. It is the only time you actually have control over how you want the arrangement between you and the other parent to be. If you cannot come up with an agreement at mediation, then your case could possibly go to trial. The judge will make the final decision on custody which may go in your favor, or it may not. Click on the link how the judge determines custody to get an idea of the factors a judge will consider when determining custody.

Mediation is supposed to bring you closer to settling your child custody or parenting dispute without setting foot in a courtroom.  The mediator is chosen by either the parents or mandated by family court. Today's family courts are searching for fresh, creative, and yes, occasionally expensive ways to keep families and parents out of the courtroom due to the overwhelming number of plaintiffs. To avoid this, meditation can be a useful tool. It can also help you reach a successful conclusion sooner. This tactic is not perfect, though. There are some people out there who have personalities that are so prone to confrontation that very little professional intervention will be able to stop them from entering the courtroom too excessively.

Be clear that using a mediator does not ensure a particular result for your scenario. No competent mediator will promise such things or imply anything different. The first thing a qualified mediator will likely do when working with you and your ex is to address that they are there for negotiations ONLY and cannot decide on the case. They should make it clear that it’s not about what anyone woulda-coulda or should've  done. What was done, is in the past and we should only be focused on what’s in the best interest of the child and what both parents can live with regarding your litigation.

Litigation: the process of taking legal action

Mediators may have training in any one or more fields, including but not restricted to:

• Religion
• Education
• Social Work
• Law
• Psychology
• Other Areas (that involve professional negotiation)

    Similar to hiring a therapist or counselor, choosing a mediator for a child custody dispute, also necessitates that you feel at ease and get along with them. Finding someone with experience in family law, child counseling, or family therapy may be beneficial in the majority of child custody situations. Hopefully, with the understanding that they are sensitive to significant changes that often entails litigation for the change of a family’s dynamics. Although mediation is not the profession of law, it is nonetheless vital to have a good understanding of the legal ramifications or laws that are pertinent to your specific situation when it comes to child custody disputes.

The mediator involved in your child custody dispute may have a certain training or meet specific requirements depending on the rules and/or legislation in your jurisdiction. If you want to participate in mediation privately, it's likely that there are no restrictions regarding their participation in your child custody dispute. However, there are likely educational, training, continuous training, and/or other criteria that the mediator has in circumstances where a mediator is way associated with the family court. (Confirm the laws in your state and area.)

Engage caution when deciding whether to use a private mediator. Make sure they can, at the very least, show you proof that they have recently completed a mediation training course. Find another mediator if the first one is unable to offer you a minimum level of training, background, or mediation experience.

You can get in touch with national groups or simply do a google search. Don't just take your potential hire's word for their education or experience as proof, either. As you would with any professional institution or person, do your research and homework.

 

What can you anticipate from a qualified mediator?

Confidentiality! The sensitive nature of any child custody dispute calls for issues raised in mediation to be kept private, unless the family court specifically orders otherwise (if court-order mediation). With the exception of, items that must be reported in accordance with the law (threatening to harm yourself or the other party, etc.). Other than that complete confidentiality is expected if the mediation is private. (You can inquire with the mediator about any additional mandatory reporting requirements the organization may have regarding the mediation session or result.)

Any conflicts of interest shall be disclosed by a competent mediator as soon as they are discovered. Either personally knowing one of the parties to the mediation or having had prior knowledge of this situation.

The hourly rate that most mediators charge is based on their knowledge, expertise, training, experience, and other credentials. These costs might also cover mediation session preparation time. Some community mediation organizations will charge a very little fee or ask for a donation to cover the session if you use their services. Others still provide sliding-scale pricing.

Never should a fee or other cost be determined by the success or failure of the mediation process. A mediator must never offer or accept commissions, discounts, or other payments in exchange for referring clients. Last but not least, you should ask for and anticipate receiving a formal breakdown of the mediator's fees and anticipated expenses for the mediation process.

When one or both parties are high-conflict, excessive litigants, mediation frequently doesn't work. However, mediation is undoubtedly a lot less expensive option than ongoing litigation if your position has any prospect of benefiting from it. Avoid allowing a third person to decide how much time you will spend with your children if at all possible.

What to expect at mediation via zoom?

You enter the room, and all parties are able to see each other if their cameras are on. You say hello to the mediator, and she gives her introduction. It is likely that only the parties to the case are to be allowed to stay. Any significant others (boyfriend/girlfriend, husband/wife) of any kind, if not listed in the case, have no right or reason to be there and may be excused (unless you give permission for them to stay). Then, you all go to breakout rooms where you and your attorney are in one break out room and your ex and their attorney is in another. The mediator will transfer back and forth offering negotiations and counter negotiations until an agreement is reached.

This article is for informational use only and should be used as a guideline to aide in your research.