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Posted By: KarmaGrrl 4 Mediation Questions - 11/18/01 03:44 AM
Does the mediator make a decision regarding child custody and then it goes into effect asap? Or is it just a recommendation to the judge for a Court ruling? Can mediation be delayed? <p>Thanks!
Posted By: LostHusband Re: 4 Mediation Questions - 11/19/01 03:48 PM
Let me preface my comments with the following "I am not a lawyer and I do not play one on tv"<p>Mediation is a means to try to get you and the other party to agree on how an issue should be resolved. The mediator will "decide" nothing but rather will try to work between you to facilitate a mutual decision. Provided that you are able to reach an agreement then the mediator will forward that to the courts for the Judge to issue orders. The Judge does not have to approve the mediated agreement but since it's a decision that you both have arrived at, they usually do. If you are unable to reaach an agreement the mediator will simply write the courts that no agreement was made.<p>Where I'm from, Kansas, it is a requirement, unless you both already agree to custody, that you go through mediation. We went and were only able to make a partial agreement. I think we agreed on taxes and holidays. So our mediator forwarded what we were able to agree upon to the courts and simply stated that we reached no other agreement. We did end up settling outside of court at the 11th hour but had we not then our case would have been decided by a stranger.<p>How old are the children? I'm curious as to why you would want it post-poned.
Posted By: willbok99 Re: 4 Mediation Questions - 11/20/01 03:18 AM
Mediation is a voluntary process....even if one is mandated to go to mediation.
No-one,notthe courts nor the mediator can impose any decision on you, only you and the other party involved can do this. The mediator tries to help you try to identify and communicate clearly the issues.<p>The courts will look at the mediation if it worked,and while they will not be bound by this, they will most likely put into effect the agreement reached by the parties themselves.<p>If possible, it is best for the family if the parents can work through the custody issues themselvesin the mediation process,unless of course there is abuse...in which case it is better not to go this route!
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