Custody

Usually, the mediator has the power to decide who else, besides you and the other parent, gets involved in the mediation. In many counties, if you have a lawyer, the lawyer has the right to talk to the mediator before the mediation. Still, the mediator has the option to remove (exclude) the attorney from the mediation if they believe that it is appropriate or necessary.¹ In other counties, the mediation may be done with or without the lawyers present, but any agreement that you and the other parent come to cannot be given to the judge until your lawyer has approved it.²

The mediator may also have the right to interview the child if s/he believes it is appropriate.³

In most counties, the mediator must keep confidential what was said during the mediation, except if they have to report child abuse allegations. However, if you don’t show up, the mediator will tell the judge, which could affect your case and could cause you to be punished by the judge.⁴ Therefore, it is important that you appear for the mediation date just as you would appear for your court date.

¹ FJDCR 7.6(j); WDCR 53(7)(b)
² 4JDCR 4; 7(4)(a)(1), (3)
³ WDCR 53(7)(c)
⁴ FJDCR 7.6(g), (k); WDCR 53(9), (10); EDCR 5.306(b)(5)