Divorce Guide :: Children and Divorce :: Child Custody Mediation
 
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Child Custody Mediation

When going through a divorce it may be hard enough to deal with if there are no children involved. When children are involved then custody issues have to be taken into account. If parents are able to work together and reach agreements for custody and visitation then this is in the best interests of the parents and child. However, in some cases, parents are unable to reach an agreement regarding children and so custody and visitation rights are left for the court to decide. However, there is another option and this is child custody mediation.


What is child custody mediation?

Child custody mediation takes place with both parents and a mediator over a series of sessions. The amount of sessions needed may depend on what needs to be discussed. This type of mediation is not taken with the aim of trying to reconcile the couple it is taken to work out custody and visitation rights between the parents. Along with this, financial issues along with legal issues will also be worked out. Taking mediation when neither of the parents can reach an agreement is often a quicker and cheaper way than going through the courts. At the end of the mediation, there will be a signed mediation agreement, which both parents will adhere too. For mediation to work both parents have to provide honest information regarding their financial status. Of course, everything discussed at mediation will have to be in the best interests of the child.


What to expect during the sessions

At the first meeting, you can either go together or attend separately and if you attend separately, the mediator will want to know if it is possible for you to attend further sessions together. During this session all matters pertaining to the divorce, custody and visitation will be discussed. On average sessions with a mediator will last between one and two hours. The mediator remains impartial throughout the sessions, and does not take sides with either of the partners.


Of course, when attending mediation you must have some give and take and be prepared to listen to your partner’s request. If both partners go into mediation sessions with an open mind then it can be an ideal solution in regards to deciding custody and visitation. If one partner is stubborn and will not do this then mediation may not be the best choice and you may have to go through the courts instead.


The whole aim of the sessions is to reach a solution that both parents agree upon and of course what is in the best interests of the children. Upon reaching an agreement, both partners will be asked to sign a memorandum, which should also be signed by the partner’s solicitors if you want it to be legally binding.

 
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