Tackling Tough Questions Concerning Custody Mediation Hearings

Law Blog

When you begin a family with someone, the last thing you expect is that you will not continue to raise your children together. Unfortunately, you cannot always guarantee that a parenting relationship will last, and you may find yourself struggling to find custodial terms that works for both of you.

If either you or your co-parent chooses to seek an attorney for custodial reasons, there will be several steps taken to make this a peaceful process. One of those steps will likely be custody mediation. Although this sounds like an intimidating thing, it is not as bad as it may seem. Here are a few of the tough questions you may have about child custody mediation.

How are arguments prevented during mediation?

The co-parent you have may be exceptionally hard to get along with, but during mediation arguments will not be a concern. The majority of the communication during mediation will be between the attorneys and the mediator. You will only be asked to be present to offer information when asked as the lawyers will know your situation enough to make statements on your behalf.

What if you would rather skip mediation and just go to a hearing?

You may feel like mediation is going to be pointless because there is no way you can make an agreement or you do not want to compromise when it comes to your time with the kids. However, most parents find that mediation is much more helpful than they initially expect. While it is possible in some cases to skip mediation, your lawyer will likely heavily encourage you to at least try to come to an agreement through mediation instead. When you go before a judge, the chances of an outcome in your favor decrease. 

Will the children be present during the mediation?

No, children will not normally be asked to be present during mediation. The purpose of this meeting is to help the parents come to an agreement that works for the children and both parents, but having the minors in the room can make this difficult to do. In some situations where the children are old enough, their input may be considered, but they will not have to be present.

When it comes down to it, custody mediation hearings are created to provide a peaceful environment where the two opposing sides of the situation can try to come to an agreement. Be sure you talk openly to your lawyer about any questions and concerns you have well in advance.


9 March 2015