Custody mediations and evaluations are critical in contested custody
cases, yet clients routinely go into sessions without a basic
knowledge about the process and what is expected of them, and often
with inflexible positions on custody arrangements. Family lawyers,
therapists and parenting educators can help clients dig themselves out
of entrenched positions, evaluate their goals, and develop a child-
centered parenting plan that will get them through the mediation and
evaluation process and promote the best interests of their children.
DRESS REHEARSAL
Many custody disputes are resolved in mediation, whether it's court-
annexed or private practice. Mediation can also be a dress rehearsal
for the child-custody evaluation, because if the case is not settled
in mediation, the evaluation process could be next.
The mediator's job is to reduce acrimony and get the parties to agree
to a custody and parenting schedule that is in the best interests of
the children. In mediation the current circumstances of the parties is
paramount, although parenting history is also material. Although some
court systems have a written policy permitting "extended" mediation,
often the mediation meeting is a one-time appointment that often lasts
90 minutes at most, so there's no time to go into the client's past in
depth. Private practice settings offer more flexibility and less time
pressure, but the basics of both types of mediation settings are the
same....

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