It is not necessary to have an attorney in order to use the Custody Mediation service, but a lawsuit or motion must be filed for divorce, visitation, or child support. The custody mediator is a trained, professional who acts as a neutral third party and assists families in negotiating transitions and resolutions deemed in the best interests of the child. The mediator will help keep the parties focused on the issues while emphasizing that divorce is not the end of the family and that mediation enables mothers and fathers to continue to be parents in a reorganized family. Parent participation in an orientation session and first mediation session is court-ordered before a case is heard by the court. If a party fails to appear at either session, a show cause order may be issued, or other sanctions may be imposed.
Mediation only covers the issues of custody and visitation.
Financial matters such as child support, alimony, or property distribution are not addressed during the process. But, although participation is required, the court does not require that the parents reach an agreement. The mediator helps the parents put their agreement in writing and makes sure they each understand it. Then, after they sign it, the mediator submits the agreement to the court for approval. Once it is signed by a judge, the parenting agreement is entered as an enforceable order and enforcement is through the contempt powers of the court.