Charlotte Olsen March 26, 2021 Child Custody Attorney
Court appointed attorney for child custody - Why Child Custody Mediation is Needed
So you have found yourself in a position where you and the other parent of your child are no longer together. Whether or not you are fighting over arrangements, it is often a good thing to make sure that you are seeking out a way to have your agreements for custody and visitation clearly spelled out in legal documents. It is also important to make sure that each party is completely understanding of the terms that they are agreeing to. This will help to make sure that there are not a lot of problems later down the road.
Two Types of Child Custody Mediators
There are two types of mediators out there. There are the private mediators that you hire and then there are the court appointed mediators. For arguments sake, lets say that they two of you are not seeing eye-to-eye on the issue of custody and visitation. You both obviously love and care for the child. You want to make sure that each parent is getting what is not just fair to them, but what is fair to the child. Sometimes though, our love and a wide variety of emotions can block our vision of what would truly be in the best interest of everyone involved.
When there is a disagreement, one or both of the parties will file a motion with the courts. Essentially, it is being asked that there be an intervening of some kind. You might want to march right into the courtroom and let the judge know your concerns and wishes, but there is a good chance that you might never see a judge and if at all possible, that should be the way that you want it. After all, over the next 18 years, you are going to have a lot of decisions to be made between the two of you and there cannot be a judge to be in the middle of every discussion.
The Mediation Process
Before anyone ever sees a judge, the courts will appoint a third-party, non-biased mediator. You and your ex-partner will receive a date and time where you will all three meet. This usually takes place in the courthouse building. You are more than welcome to bring your attorney if you have one. If there is a lot of fighting taking place, it might be beneficial to hire an attorney.
The mediator will talk with the two of you, generally in separate rooms, to hear your opinions and your wishes. The mediator will go back and forth between you in order to try to work out some an agreement. Refusing absolutely everything because you would prefer 5pm pickup times as opposed to the 4pm pickup time is not beneficial. You want to meet on some sort of middle ground. Not only will working through a mediator save you a lot of time and frustration, but it will save you a lot of money as well. And since the end agreement is put into the same legal documents a judge would put the agreement in, you might as well give it a try.
The Difference Between Mediation and Litigation
The difference between the mediator and the judge is that if there is no compromise between the parents or guardians, the mediator cannot force a decision, where a judge can. And since you might not like the opinion of a judge, you might want to do whatever you can in order to work things out with the help of a mediator.