Should You Mediate Your Child Custody Case?

Should You Mediate Your Child Custody Case?

There are a number of benefits associated with using mediation to resolve a child custody case. Mediation gives the parties to the divorce greater control over the parenting plan and the type and amount of custody they get. The process can also help facilitate better communication and teach problem solving strategies that can be helpful as parents move forward into a coparenting arrangement.

However, just because there are benefits does not mean mediation is appropriate for every child custody case. Here are some circumstances in which you might wonder if mediation will be a good choice for you.

  • You’ve started a court case: Mediation can be appropriate if you’ve already begun a court case. In some cases the court might even require you to go through mediation before the case can proceed o a final hearing.
  • The other parent doesn’t want to participate: Both parents have to be willing to show up and act in good faith. If one parent doesn’t want to participate, mediation won’t work.
  • You haven’t started a court case: Mediation can be appropriate if you haven’t already started the court case. The judge can still approve the decisions you make in your sessions.
  • You have communication problems with your spouse: You can still succeed with mediation even if communication with your spouse is a bit rocky. Mediators are skilled in helping couples break down communication barriers and work together to achieve positive results in the divorce outcomes.
  • There was abuse in the relationship: It is generally advisable to not participate in mediation if there has been abuse, or if there is some sort of power imbalance in the relationship. It could become too easy for the abusive spouse to overpower and domineer the other in conversations, and it could be an unsafe environment.
  • You already have a custody order: Mediation can be used if you already have a custody order but need to modify it.

For more tips and information about using mediation for custody cases, contact an experienced Long Island divorce lawyer at Solutions Divorce Mediation.

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