Judges or Magistrates normally refer parents to custody mediation prior to the scheduled trial date. The objective for custody mediation is to resolve contested issues using a trained mediator. The parents may attend custody mediation either pro se or with an attorney. In some jurisdictions, the parents attend without their attorneys. Most mediators prefer to have the parties mediate on a virtual platform instead of having an in-person mediator. If you are required to attend a mediation virtual, it is important to conduct yourself in a professional and cordial matter. It’s important to remember that mediation is not adversarial. Each participant is also required to sign a confidentiality agreement.
The mediator initially allows both participating parents to outline their positions regarding custody of the child or children. In a virtual mediation, the parties will also have the option of being placed in a breakout room to discuss custody outstanding custody issues out of the presence of the other parent.
Prior to the mediation, you should decide whether you are seeking Joint Legal or Sole Legal Custody and the basis for your position. You should be prepared to present the access schedule that you believe is in the best interest of your child or children. Your schedule should also include holiday and summer access. You should be prepared to discuss the preferred communication mode for the parents to communicate.
The mediator is likely to recommend that the parents sign up for a parenting App to enable the parents to communicate about the child.
It is important that the parties remember that mediation sessions are confidential. If the mediation does not result in an agreement, neither party is allowed to present anything that the parties discussed during the mediation.
If the parties reach an agreement, the mediator may either have the parties sign a memorandum of understanding or have one of the attorney’s draft a consent custody agreement.
It is crucial important that the parties make a good faith effort to resolve their case through mediation since the parties will have an opportunity to come to an agreement based on what they believe is in the best interest of the child.
If you have a custody matter that requires representation, Attorney Lynndolyn Mitchell is exceptionally qualified to serve as your attorney.
