Child Custody Mediation Case Study

     According to many the custody of a child should be determined with the best interest of the child in mind. However, it is not easy for a

Child custody have been an issue for many years but no clear rules have been established until approximately in the 1970’s. In the early colonial years, the arrangement was unappealing to children and their mothers and possibly doing psychologically damage. Luckily, history has evolved and children’s well-being has become a priority in divorce cases.

During the child custody evaluations of court proceedings by the American Psychological Association (APA) guidelines during divorce proceedings, it addresses the reason of the assessment, preliminary and training questions, and technical phases (Bow & Quinnell, 2002). The first thing in child custody is to determine the psychological best interest of the child. This is always the primary in any child custody case, divorce, parental termination, and also CPS cases (when a child has been removed from the family home).

As the mediator I am a thirty four year old female and mother of five. I was raised around many cultures growing up with a similar cultural background of the female disputant. This conflict can be particularly complex for myself as mediator because of the potential bias that can occur with cultural differences. Even though I share similarities with the mother as mediator I must bring a non-bias perception to the resolution process and try to view the conflict from both parties’ sides with a resolution that satisfies both parties and the child. “Parties who perceived mediator bias in favor of the other party were much less accepting of the mediator’s actions.”(Poitras, 2009) The parties must have trust in the mediator if the dispute resolution

The purpose of mediation is to assist the participants in dispute reach a mutual agreement with the help of neutral third parties by creating a path for open communication. In order to be effective, the mediators must be able to establish a trusting relationship with the participants. This type of alternative dispute resolution has become very popular in the United States, so much so that California requires mediation in family custody battles. Helping couples reach an agreement regarding child custody is extremely important work, as it is at these meetings that decisions are made regarding where the children will live, how the parents will split time with the children, and who will have legal custody of the children – that is, who will decide what school the children attend, what religion the children will observe, what healthcare plans will be made for the children, and what cultural education and extracurricular activities the children will be involved in.

Mediation “provides a personalized approach to dispute resolution in which spouses have an opportunity to learn about each other’s needs” (Folberg, Milne, and Salem, pg. 8). It is a process in which the “participants formulate their own agreements and emotionally invest in its success” (Folberg, Milne, and Salem, pg. 8).

In research for her book, Valerie DeLoach, gathered data from numerous separated parents about the most common conflicts in co-parenting. In an online article, DeLoach states, “It seems the number one topic that is brought up is communication. Not just communication between the parents, but communication with the kids. It has been proven that kids need their parents to remain involved. Good communication regarding the kids should be of the highest priority, but even more important is encouraging the relationship between your kids and the other parent.” In an interview with Robert Hughes, an Associate Professor in the Department of Human Development and Family Science at Ohio State University, he explains the importance of mothers and fathers in a child’s life. Parents provide emotional support and practical assistance, as well as serve as role models for their children. Hughes describes the many factors that influence how well a child copes with divorce such as age and gender. He also points to two important factors: the amount of conflict between parents and the support available from friends and family (Patten). Parents can help adolescents make adjustments and deal with divorce by talking about feelings and emotions that arise during a stressful time. Children that aren’t able to express their feelings often carry issues into relationships with friends, peers, and even other siblings. Research proves that that kids “may seek to hide the fact of divorce from other children and this can result in very constrained relationships with peers and limit their interaction with others for fear that the secret with be discovered” (Kelly and Berg). It is important for parents to communicate the truth, in an age appropriate manner, and reassure children that they had no part in the divorce. For a child, a feeling of security comes with knowing that they can openly talk

In determining whether the valid consent of any person whose consent is required is withheld contrary to the best interests of the child, or is unobtainable, the circuit court or juvenile and domestic relations district court, as the case may be, shall consider all relevant factors, including the birth parent(s)' efforts to obtain or maintain legal and physical custody of the child; whether the birth parent(s) are currently willing and able to assume full custody of the child; whether the birth parent(s)' efforts to assert parental rights were thwarted by other people; the birth parent(s)' ability to care for the child; the age of the child; the quality of any previous relationship between the birth parent(s) and the child and between the birth parent(s) and any other minor children; the duration and suitability of the child's present

Divorce Mediation is all about you as a married couple that is soon not to be. It is settling on what avenues to take and how to settle upon. Deciding what is important for both people and how to decide. Mediation is much cheaper than going through a trial with an attorney. The good thing is that nothing will show up on a public record, and most of the time, things get settled through mediation. It is more organized way for a divorce.

As a mediator, my top 5 priorities are: safety, fairness, empowerment, neutrality, and competence. I selected safety as the top of the list, because, if this is a family mediation, the participants have to feel safe, and protected. If the parties do not feel secure, they will not be honest and forthcoming. As a mediator, I will not allow any of the parties to use intimidation, this renders the mediation session, useless, which is ridiculous, since mediation is normally voluntary, unless court ordered. My second choice is fairness, I prefer the “right approach” in lieu of the “power approach” or as the texts states it (Pg. 69). Instead of “might is right” it is “right is right”. It is very important to me that all parties involved in the session

The mediators were task with facilitating the meeting to search for common grounds were the separating couple could negotiate for agreeable terms. Tjersland et al (2015) stated, “the mediators were expected to help the parents in formulating written agreements about visitation and living arrangements, assist them in getting qualified information about the financial consequences of arrangements, and inform them about their children’s reactions and needs connected to a breakup” (p. 20). If the mediator could achieve a mutual agreement between the couples, then the likelihood of a court appearance to dispute issues would decrease. The mandatory mediation was modified in 2004 to reflect the required attendance of unmarried couples with children that are separating and the number of mandatory meetings to 1 with the option of 7 maximum

Mediation is the process in which a neutral party assists in negotiation between parties to reach an agreement or resolve. Mediators3 bring both parties together helping them to discover the content issues instead of positions, and help develop ideas so that the interests of both parties are met (Burgess, Burgess, 1998). Unlike adjudication and arbitration, a mediator is not to render any decision, instead their role is to facilitate communication between the conflict parties (Wilmot, Hocker, 2007). Also, unlike adjudication and arbitration, mediation is a collaborative effort in conflict. Initially communication is between the parties and the mediator,

Going through a divorce is always a difficult experience, especially when children are involved. Not only do child custody disputes present extremely complex legal situations, they may inflict permanent psychological trauma on the children you're trying to protect if allowed to get out of hand. For over 20 years, Israel B. Garcia, Jr., Attorney - Abogado, an experienced family law and divorce attorney, has been helping couples throughout the Houston area navigate these challenges and reach agreements while minimizing friction within the family.

Mediation can be particularly useful in cases where a couple is having difficulty agreeing upon a parenting plan that works for everyone. If you are a divorcing parent and you want to work out a co-parenting plan, but haven’t been able to come to an agreement with your soon to be ex, consider arranging for mediation.

Consideration is given to how parties will approach the areas discussed with their children and encouraging each parent to continue their role in their children’s lives as separated parents. The parties and the mediator will be both under mutual agreement that any children relating to the proposals will be directly consulted. Consent of the parents and the child must be forthcoming first. Child-inclusive mediation allows children to ‘inform a process in which the parents are the ultimate decision-makers’ by allowing their opinions to be heard as opposed to the focus of