When parents with children are divorcing or separating, the topic of child custody will undoubtedly come up. Sometimes parents agree on terms and other times they do not. When they don’t, then a child custody mediation may make sense to consider.
Now, you may be wondering, “what is child custody mediation?”
Child custody mediation is a process where both parents work together in order to come up with a plan for parenting their children after a divorce. It is done with the assistance of a neutral third party, known as a mediator.
Child custody mediation is often a more cost effective and faster way to come to a resolution in a custody case.
Either way, you will need to come to an agreement on custody in effort to come to a resolution. Whether a child custody case is stretched out for a long time or not will really depend on the parents legal decisions.
Here are some of the common questions asked by parents about child custody mediation.
Why not just go to court to dispute child custody?
Well for one, anytime you decide to fight a case in court, it will almost always take longer and be more costly. Not to mention, a court may require you to go mediation first anyway to try and resolve your case.
For this reason, it’s recommended to first try mediation to see if you and your former spouse to be can come up with terms you both agree on. The support of a mediator can be very helpful here.
What are the benefits of child custody mediation?
There are a number of advantages and benefits that come with having your case mediated. Among these benefits include the following:
A mediator is neutral.
This means that he or she is not on one side or the other. This way, there are no unfair advantages to either spouse.
Mediation often leads to faster settlements and is less costly.
If you’re like most people, you just want to come to a solution and move forward with your life. Often child custody mediation will bring you and your former spouse to a solution much faster than going to court.
If your case were to go to trial, your case could last months or even years. Mediation usually doesn’t last longer than a couple of weeks in several hour sessions.
The outcome of the decision is mutual.
Studies have shown that when decisions are made mutually, both parties are generally more satisfied as a result. A key benefit in mediation is that both parents are coming to a mutual agreement.
Mediation can set a positive tone moving forward.
Because the very nature of mediation is one that seeks the interests of both sides, this helps keep things amicable. Unlike a trial, there is no winner. Rather, the goal is to reach a solution that both sides can agree upon. By doing so, this helps set a positive tone for the future.
How expensive is mediation?
Cost is generally based upon the experience of the mediator and the time (hours) needed for the mediation. While this can vary on a case by case basis, the cost is usually not as expensive as taking a case to court.
In divorce cases, spouses will often hire their own attorneys. As another option to keep costs down, divorcing spouses can hire a single mediator to help them come to an agreement. This agreement is then submitted for a court approval.
What if I can’t stand to be in mediation with my ex?
It’s important to know that mediation can actually be done by the mediator separately. Often mediators come across this where either one or both spouses can’t bear to be near the other. In these instances, the mediator can go back and forth between the two parents to come to an agreement.
The important thing to keep in mind here is that the purpose of this exercise if for your child. The more you are able to put aside issues with your former spouse and focus on your child, the more efficient the mediation will be.
Need Help with Child Custody Mediation?
If you are unsure whether mediation is right for your child custody case or you would like more information, we encourage you to contact us. We have helped many divorcing couples come to agreements on custody through the assistance of mediation.
At our family law firm in San Antonio, we work diligently to resolve child custody disputes and can help you as well if in need of legal assistance.
