Mediation is a voluntary and confidential process used to resolve conflicts. With the help of a neutral third party (the mediator), the parties discuss their concerns and see if they can reach an agreement that is acceptable to them and that is in the best interests of the child(ren).
Mediation gives you the opportunity to discuss all the issues affecting your child(ren), not just the legal ones. The mediator will help you focus on the many issues that come up in parenting such as:
- schedules
- holidays
- how you will communicate
- decision-making
- extended family relationships
- new partners
The mediator will provide you with information regarding parenting issues that regularly come up in mediation to help you prepare for your session (Mediation Forms – hyper link)
You can request mediation at any time during your case. Because it is voluntary, both parties need to agree to participate before a session. In addition, you may be offered the opportunity to mediate by the Court at any point
You will each meet privately with a mediator to see if your case is appropriate and would benefit from mediation. Mediation is not appropriate for all cases. Cases involving parties where there are issues of intimate partner violence, severe power imbalance between the parties and/or a temporary or final order of protection issued are not eligible for mediation. If your case involves issues of child abuse and/or neglect, it might be eligible for the Child Permanency Mediation Program (link here)
Yes. Attorneys can attend mediation sessions with you, prepare you for mediation sessions, and assist with drafting agreements. Attorneys should review all agreements. You do not need to agree to anything in mediation without first speaking with an attorney.
Mediation often improves communication, saves time and money, reduces stress, improves parent-child relationships, and leads to longer-lasting agreements. Mediation can help you figure out what is important for you and for your child(ren) and it allows you to create a parenting plan that makes sense in your life and in your family.
If you reach an agreement, the mediator will write it up for each of you to review. If all parties approve, the agreement will be sent back to court where the jurist may make it into a court order. If you do not reach an agreement, the matter will return to court without it negatively impacting your case.