The Benefits of Mediation in a Child Custody Dispute

Here’s a few reasons why mediation is beneficial in many divorce cases, especially those that involve child custody and visitation.

Divorce is rarely an easy undertaking, but it becomes far more difficult when there are children involved. Luckily, there are ways to make the process go more smoothly. Mediation is one of these ways.

What is Mediation?

Mediation is when parents hire a neutral, confidential third party person, called a mediator, to help them resolve their disputes and disagreements. Mediators can be hired for different reasons, such as property division and spousal support, but child-related reasons are generally the most common reasons to hire a mediator. The mediator doesn’t actually make decisions for the parents, and they also do not give legal advice. Rather, a mediator helps divorcing parents to make their own decisions about what’s best for their children, in as amicable a way as possible. This person will keep the conversation calm, put issues into perspective, and help resolve the conflict in a way that is generally much less stressful (and less expensive) than litigation.

Studies show that majority of cases settle at first attempt at direct mediation between the parties.

Who Can Benefit From a Mediator?

You can benefit from a mediator if you are willing to work with your spouse to come up with a plan. Although it is possible for a child custody or visitation dispute to end on relatively friendly terms, it is not possible if both parties don’t cooperate. Keep in mind: hiring a mediator does not magically make it possible for both parents to get their way. When you meet with your mediator, you have to be prepared to make some concessions and compromise. Always keep your child’s best interest in mind, not your own.

What are the Benefits of Mediation?

If both you and your spouse meet with the mediator willing to compromise, and if you both have your child’s needs in mind, you can certainly come up with a good arrangement that will be much less lengthy, less expensive, less emotionally draining, and more predictable than if you had gone with litigation instead. In addition, it’s a more private and confidential way to settle a dispute. Litigation (leaving it up to the court of law to decide) is difficult on both parents and it’s hard to know the outcome. Mediation offers a way for you to speak your mind and decide along with your spouse what’s best for your child or children, rather than leaving it up to a judge.

Share this on...Share on FacebookTweet about this on TwitterShare on LinkedInShare on Google+Email this to someone

Written by Ahluwalia Law Professional Corporation

Ahluwalia Law Professional Corporation

Welcome to Ahluwalia Law, P.C., the home of Attorney Madan Ahluwalia. Madan has been practicing law since 1994, and has been managing his own firm serving the San Francisco Bay Area since 1995. He is passionate about building long-lasting relationships with each client, which begins by offering affordable, efficient, and personalized services.