| When you engage in child custody mediation, you can | | | | work right in the courthouse, and you may be able |
| choose between many different types. | | | | to see one by just walking down the hall. These |
| Facilitative mediation | | | | mediators typically are limited to giving you only a |
| Facilitative mediation gives you maximum control over | | | | few hours of time, and to only mediating the most |
| the outcome. In this type of mediation, the | | | | basic issues of custody and visitation. |
| mediator's role is limited to ensuring that all relevant | | | | Because court-appointed mediators rarely charge |
| information is exchanged between you and the other | | | | more than a small fee, you can save a lot of money |
| parent and that settlement offers are transmitted | | | | with them. Unfortunately, in some states, the |
| back-and-forth. The mediator may suggest solutions | | | | mediator may be asked to make a recommendation, |
| if you and the other parent seem to be stuck over | | | | which will put pressure on the parents to reach an |
| an issue. | | | | agreement during the sessions. |
| Mediation withdrawal. Many states allow parents to | | | | Mediator's guidelines. "A mediator should ensure that |
| be excused from mediation if there has been a | | | | the parties understand that the mediator's role is that |
| history of abuse or violence, or if mediation is | | | | of neutral intermediary, not that of representative of |
| deemed inappropriate under the circumstance s. | | | | or advocate for any party. A mediator should not |
| Evaluative mediation | | | | offer legal advice to a party. If a mediator offers an |
| Evaluative child custody mediation is more structured, | | | | evaluation of a party's position or of the likely |
| with the mediator actively inserting his or her own | | | | outcome in court or arbitration, or offers a |
| opinion in the negotiations. This type of aggressive | | | | recommendation with regard to settlement, the |
| mediation often occurs when you and the other | | | | mediator should ensure that the parties understand |
| parent are deeply entrenched and have widely | | | | that the mediator is not acting as an attorney for |
| different custodial views. In this process, the | | | | any party and is not providing legal advice." JAMS |
| mediator may "push" you to settle by pointing out | | | | Ethics Guidelines for Mediators |
| the flaws in your position. | | | | Private Mediators |
| Choosing a Mediator | | | | Private mediators are not limited to helping you with |
| Whoever mediates your dispute is important. | | | | just the basic agreement. You can hire a private |
| Because you and the other parent cannot agree, you | | | | mediator who will spend as long as you need, and |
| are looking to a mediator for help in reaching an | | | | who will see you at your convenience. Also, a private |
| agreement. This makes the skills and abilities of the | | | | mediator is not going to be asked by the court to |
| mediator crucial to your success. | | | | make a custody recommendation, so your child |
| If your state requires child custody mediation, you | | | | custody mediation sessions will stay private. |
| may end up with a court-appointed mediator. If your | | | | When you hire a mediator, you have many choices. |
| state does not require mediation, or if you choose to | | | | Therapists often deal better with the emotional |
| move your dispute away from court, you can hire a | | | | aspects, while attorneys or former judges will usually |
| private mediator to help you. | | | | know current family law. If you can't find one person |
| Court-Appointed Mediators | | | | who does both, you can hire an attorney-therapist |
| Court-appointed child custody mediators sometimes | | | | team. |