Child Custody, Parenting Time and Legal Decision-Making

Mediating a child custody case offers several significant benefits for all parties involved, including:

Empowers Parents to Make Decisions:

Mediation allows parents to actively participate in the decision-making process regarding the custody and visitation arrangements for their children. This empowers parents to have a say in the outcome and promotes a sense of ownership over the agreement.  This typically creates an environment that parents follow the parenting plan and co-parent effectively with the other.

Promotes a Child-Centered Approach:

Mediation prioritizes the best interests of the child. It provides a platform for parents to focus on what is most beneficial for the child’s well-being, rather than engaging in adversarial battles that may not always consider the child’s needs first.  There are times when parents involved in establishment cases (or custody cases) have not dated for very long or lived together.  It can be challenging to co-parent with someone that the other parent does not know well.  Opening the lines of communication in mediation for these parties are helpful.

Reduces Conflict and Stress:

Mediation fosters a less adversarial and more cooperative atmosphere compared to litigation. This can lead to reduced conflict and emotional stress for all parties involved, including the child. It can create a more stable and positive environment for the child during a potentially difficult time.  The stress litigation can take on a parent impacts the child (either directly or indirectly).  To lessen that stress and conflict ultimately benefits the child.

Preserves Parental Relationships:

Mediation encourages parents to work together to find solutions that allow both parents to maintain meaningful relationships with their child. This can be crucial for the child’s emotional well-being and sense of stability especially in cases where parents may not know each other very well.

Tailored Solutions for Unique Circumstances:

Each family has its own unique circumstances and considerations. Mediation allows for the development of a customized parenting plan that takes into account the specific needs, schedules, and preferences of the parents and child.  For example, what a preschool child needs is different than a 13 year old—it can be helpful to craft a plan that works for all.

Encourages Co-Parenting and Communication:

Mediation promotes open communication and cooperation between parents. It helps establish a foundation for effective co-parenting, which is essential for maintaining consistency and stability in the child’s life.  Two homes can be a challenge for some children, so the better able parents get along and communicate, the better it is for the children’s wellbeing.

Cost-Effective and Time-Efficient:

Mediation is often more cost-effective and time-efficient compared to going to court. IIt generally costs less than each party hiring an attorney and litigating or fighting in court.  Mediation can lead to quicker and more affordable resolutions for both parties.

Reduces Uncertainty and Provides Clarity:

Mediation results in a clear and detailed custody agreement that outlines the roles, responsibilities, and schedules of each parent. This reduces uncertainty and provides a structured framework for the child’s living arrangements and visitation.

Certainly, there are some lesser-known benefits to mediating a child custody case:

Promotes a Child’s Sense of Agency:

In mediation, children’s voices may be taken into consideration, especially for older children or teenagers.  A common saying is “children have a voice, not a choice.”  Understanding and taking into consideration a child’s needs and want can foster a sense of agency and empowerment, which may have positive short and long term consequences.

Facilitates Flexibility in Parenting Plans:

Mediation allows for creative and flexible parenting plans that may not be easily attainable through a court-imposed decision.  A family court judge has hundreds of cases and is constrained by the law to make certain decisions.  Flexibility for the parents can be particularly beneficial for parents with unconventional work schedules or unique family dynamics.

Encourages Future Dispute Resolution Skills:

Mediation provides an opportunity for parents to practice effective communication and conflict resolution skills. This can set a positive example and lay the groundwork for resolving future disagreements or adjustments to the parenting plan.

Minimizes Emotional Impact on Children:

Mediation can create a more amicable atmosphere compared to a litigated custody battle, which can be emotionally traumatic for children. A less confrontational process can help shield children from some of the stress and emotional upheaval associated with contentious court proceedings.

Preserves Parental Authority and Autonomy:

Mediation allows parents to retain a greater degree of control over the outcome compared to a court-imposed decision. This can be important for parents who want to maintain authority and autonomy in making decisions about their child’s upbringing.

Facilitates Cultural or Religious Sensitivity:

Mediation can be particularly valuable for parents from diverse cultural backgrounds. It provides an opportunity to address cultural considerations and incorporate traditions or practices that are important for the child’s cultural identity and well-being.  Parents may have been raised in different religions, so it is beneficial to discuss those issues and incorporate the necessary terms in the parenting plan.

Provides a Neutral Forum for Complex Issues:

Some child custody cases may involve complex factors, such as relocating with the child, international custody disputes, or specific needs of children with disabilities. Mediation can provide a neutral forum for addressing these intricacies in a more personalized and tailored manner.

Supports Parental Growth and Learning:

Mediation offers an opportunity for parents to learn and grow in their roles. It can foster a collaborative spirit that encourages parents to work together in the best interests of their child, even in the face of challenges. Some families have one parent who has taken a dominant role for parenting.  When parents are no longer living together, the dynamics often shift and mediation is a helpful tool in opening lines of communication and tailoring a parenting plan that works for all.