Using Mediation in Legal Custody & Physical Placement Disputes

By statute, all disputes related to legal custody and physical placement of children must be referred for mediation to Family Court Services. The court may waive the requirement to attend mediation if there is an undue hardship or the health and safety of a parent would be at risk. The mediators are specially trained to assist the parties in reaching an agreement that is in the best interest of the family. Family Court Services Mediators do not mediate issues relating to property division, maintenance, child support, or other financial matters.

PARTICIPATION
Participation may be ordered in three ways:

• An attorney by verbal request in a hearing or by letter request. The judge or commissioner reviews the request and drafts an order if he/she agrees.
• A parent by verbal request in a hearing or by completing the Request For Court Ordered Mediation Packet. The judge or commissioner reviews the request and drafts an order if he/she agrees.
• A judge or commissioner may decide to order Mediation because he/she thinks it may be helpful without a specific request from a party or the party’s attorney.

Once an order is drafted and signed by the judge or commissioner, the parties receive in the mail a copy of the order along with further instructions.

NUMBER OF SESSIONS
The parties may continue in mediation until all parties agree that a final resolution is reached or until a party, the mediator, or the court believes mediation is no longer productive.

FEE INFORMATION
See the Fees section for a complete list of FCS fees. The court generally determines which party will pay which portion of the fee, either before payment is made or at a later hearing. If not ordered by the court, each party is generally required to pay half the fee in pending divorce/legal separation actions. In all other actions, the requesting party is generally required to pay.