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EspañolWhat is mediation and when is it ordered?
Generally, mediation is a process where both parents work with a qualified neutral person (a mediator) who, without providing legal advice, assists the parents in reaching an agreement regarding custody and/or visitation. If mediation is ordered by the judge, the information shared to the mediator or in front of the mediator is privileged and cannot be used in any court process.1
The judge can choose to have the parents participate in mediation:
- before trial, so there wouldn’t be a trial in front of the judge unless mediation doesn’t work;
- during trial, if there are other issues before the judge, like a divorce process. The judge would only deal with non-custody issues until mediation is completed and then there’d be a separate trial for custody and visitation if mediation fails; or
- after a trial has taken place regarding non-custody issues. The judge would not enter a final custody or visitation order until the mediation process is completed so that the parents’ agreement, if one is reached, can become part of the order.2
Although Rhode Island law doesn’t specifically include an exception for domestic violence victims, it’s generally not advisable to go through mediation with an abuser due to the power imbalance. If you are a domestic violence survivor, you might want to let the judge know about this situation and request not to be referred to mediation.
1 RI Gen. Laws § 15-5-29(c)
2 RI Gen. Laws § 15-5-29(a), (b)
