M.  Mediation


Mediation may be used in a wide range of contested cases. Judges or magistrates may enter an order for mediation or alternative dispute resolution on contested custody cases or to resolve disputes on any other issues at any stage. Mediation may be used in both expedited permanency planning cases and in other D&N litigation. Not every judicial district has a mediation program.

Mediation has proven to be a very effective tool for handling child welfare cases. Family cases do not lend themselves well to the adversarial process. Mediation allows families to discuss and confront intimate issues in their lives in a more appropriate, less adversarial setting.

The mediator is a trained, neutral third party. The mediator helps the parties identify pertinent issues and come to mutually acceptable agreements on those issues. The mediator does not impose or recommend solutions, but lets the parties develop the agreement. It may take several sessions to achieve consensus.

The mediation agreement is not binding until the court approves it. Once an agreement is reached, the mediator usually drafts a “memorandum of understanding.” The judge or magistrate reviews it and may approve it as a verbal or written stipulation.