Mediation is one way for people preparing for divorce to work through their disagreements. Couples who settle in mediation can avoid litigation.
Frequently, people might assume that those in high-conflict custody cases are not eligible for mediation as a solution. However, when the disputes about custody relate to allegations of misconduct and concerns about the safety of the children, mediation could actually be one of the best ways to resolve parenting conflicts.
How can custody mediation help?
Parents concerned about the safety and stability of their children can ask judges to consider substance abuse, mental health challenges, a history of abuse, evidence of neglect and even physical limitations caused by medical issues when allocating parental rights and responsibilities. However, the parent asking the courts to consider those details generally needs to have objective evidence validating the claims they make in court about the best interests of their children.
Additionally, everything they say then becomes part of the public record. They may worry about damaging their co-parent’s reputation, which could affect their earning potential or their future relationship with their children.
Custody mediation, and divorce mediation in general, are a confidential processes. Parents have the freedom to discuss deeply personal and private matters in a mediation session without worrying about causing permanent reputation damage for the other parent or a judge dismissing the concerns due to the lack of verifiable evidence.
An attorney can help assess whether a family’s circumstances make the parents good candidates for divorce mediation or not.
