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Custody and Parenting Time Mediation Program
This site is designed to provide you with general information and to answer some frequently asked questions about the Family Court Mediation Program. This site may not contain all of the questions you may have regarding mediation.
- What is mediation?
- What types of cases are not appropriate for mediation?
- How long does this mediation process take?
- What happens if we can reach an agreement?
- What happens if we don’t reach an agreement?
- What do I have to do to prepare to mediate my case?
- Who participates in the mediation session?
- Why should I have my case mediated instead of having a judge decide my case?
- How much does mediation cost?
- Do agreements reached through mediation last?
- Who may I
contact if I have legal questions?
Family Court Mediation is a process in which an impartial third party, called a mediator, assists parents and, in some instances other relatives, in reaching agreements having to do with custody and parenting time disputes. Mediation provides parties with an opportunity to actively make decisions and develop a parenting plan that the parents and children can live with. There are three ways in which you may become involved with this program:
- The case may be referred directly by a Family Court judge through a court order. At the time of the hearing, the judge may decide that your issues might be resolved with the assistance of a mediator.
- When a complaint for custody and parenting time is initially filed, it may be screened and found to be an appropriate case for mediation.
- If a case is referred for a
custody and parenting time investigation, it will automatically be
screened to determine if it is appropriate for mediation. In the event it
is appropriate, the parent(s) will automatically become involved in the
program.
What types of cases are not appropriate for mediation?
Cases in which there is an active domestic violence restraining order
between the parties, or active child welfare agency involvement, are not
accepted into the program. Generally, matters are handled on a case by case
basis to determine if they will be accepted.
Some matters get resolved in as little as one hour while others may take
longer. All mediation appointments are
scheduled in three hour blocks of time to allow parties ample time to discuss
their concerns. There are instances when
it becomes necessary to schedule a second session in order to resolve issues
and to reach a final agreement.
What happens if we reach an agreement?
If you reach an agreement that is acceptable to both you and the other
parent, the mediator will prepare a memorandum of understanding or consent
order. This document will outline the
terms of the agreement and will be signed by both you and the mediator. Once the memorandum of understanding or
consent order is signed by the judge, it becomes a legal and enforceable order
of the court.
What happens if we don’t reach an agreement?
If an agreement cannot be reached through mediation, one of two things can happen:
1) If the case was originally referred for a custody or parenting time investigation, the matter will be automatically transferred to the Family Court’s Assessment Unit so that the appropriate investigation can be performed, or
2) If the matter was referred directly into the program from court, it will
then be rescheduled before that same judge for a hearing at a later date.
What do I have to do to prepare to mediate my case?
All parties involved in the Mediation Program will have to attend a Parents
Education Program or workshop. At the
workshop, participants will view videotapes, receive written information
relating to custody and parenting time and are free to ask questions about the
mediation process in general. The primary purpose of this workshop is to
educate parents as to how their child(ren) are affected when the parents become
involved in custody and parenting time disputes.
Who participates in the mediation session?
Mediation is a confidential process. Information discussed between the
parties and the mediator is not discussed by the mediator with anyone including
your attorney and the judge. The
individuals who are directly involved in the matter are required to participate
in the mediation session. Attorneys are also permitted to attend and
participate. As a general rule, the mediator and the parties should consider
whether it is appropriate to involve the child in the mediation process.
Why should I have my case mediated instead of having a judge decide my case?
The mediation process allows you and the other parent to maintain the
ability to control the parenting plan that will affect your life and the
child(ren)’s life. Mediation encourages cooperation, and communication
between parents. When issues of custody and parenting time go before a judge,
the control over making any decisions is surrendered to the judge, who has the
final say.
There is no cost to the parties if they participate in this program.
Do agreements reached through mediation last?
Studies have shown that parents who reach agreements on their own are much
happier with those agreements and they tend to follow them more than court
orders which were determined by a judge. When the parties walk out of a court
room, usually one person feels as though s/he has lost and the other person has
won. When parents successfully mediate their custody and parenting time issues
both parents leave the session feeling that they have contributed to the
decision making process.
Who may I contact if I have legal questions?
If you have legal questions, you may contact the Hudson County Bar
Association’s Referral Services at 201-795-2727 or the Hudson County
Legal Services located at
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