Mediation – What Is the Mediation Process?

The purpose of mediation is to help the parties come to an agreement about child custody, and to allow both parents to see the child if possible. If you are going through a divorce and the marriage produced children, you will have to go through this process.

First, you must set an appointment to meet with the mediator. Usually, the mediator meets with both parties at the same time, but if domestic violence is an issue in the relationship, the mediator may meet with the parties separately.

Prior to or at the meeting, you will be given a form to fill out asking you to describe basic family information. Then, at the mediation, the mediator will interview each party, with the understanding that the mediator wants to reach a common ground between both parties, not to deliberately challenge the truth of the parties’ statements.

The child may be present at the hearing and interviewed by the mediator, at the mediator’s discretion. This may help the mediator craft a suitable plan for the parties, but the mediator will not ask which parent the child would prefer to live with.

Hopefully, the parties can be convinced to set aside non-child custody related matters and identify the custody issues. The parties may discuss topics such as weekend, holiday, and vacation schedules; whether the child has any special physical or developmental needs, and how to address them; and sharing custody and related issues, such as which parent will pick the child up from school on what day.

If the parties agree to resolve some or all of the issues, the mediator will draft the agreement and have the parties sign it. The agreement should be as detailed as possible. Once completed and signed, the agreement will be sent to the court, and after the court authorizes the agreement, it becomes binding.

If you or someone you know is going through a divorce, you will need an experienced Southern California child custody lawyer to aggressively represent you. For over 30 years, the attorneys at Wallin & Klarich have helped people dealing with divorce issues such as child custody. Call us today at (888) 749-7428. We will be there when you call.