Family Mediation Center (FMC)

MEDIATION SERVICES

FMC mediation services are conducted via alternate means and access to this service requires a court order.  Once ordered for mediation services, please email FMC your phone number, gross monthly income, and language needed if other than English.

Mediation is a confidential problem solving process where a neutral and impartial third person assists parties in resolving their non-financial child custody disputes. Each party must have privacy at all times during their mediation appointment and recording and driving during the mediation is prohibited.

While the parties remain in control of the outcome, the mediator provides optional solutions and guides the conversation to help both parties find a common ground that is in the best interest of the child(ren).

Mediation is not counseling or an attempt to reconcile as the goal is to reach a mutually agreeable resolution to the issues at hand, without focusing on past conflicts.  Mediators will not provide legal advice and cannot enforce any agreements or court orders.

When an agreement is reached, the drafted Parenting Agreement does not become a court order unless it is signed by the judge and filed in your case. Until signed and filed, the parenting agreement is not enforceable.

If no agreement is reached, parties lose control of the outcome and their ability to make decisions about their child(ren) as the Judge will then have to make the final determination.

ISSUES TO BE RESOLVED DURING THE MEDIATION SESSION

Generally, the following issues discussed in mediation are:

Legal Custody

Your right as parents.  How will important decisions, such as health, education, welfare and religious upbringing, be made for the child(ren)?

• Joint Legal Custody = both parties (Courts presume that joint legal custody is in the child(ren)’s best interests)
• Sole Legal Custody = one party

Timeshare (weekly schedule)

When the child(ren) will spend time with each party.  This is the regular schedule and the most important issue the court wants resolved.

Holidays

How will the child(ren) spend holidays with each party?

Vacation

How many annual vacation days will each party have with the child(ren)? How much written notice will each party provide before taking vacation with the child(ren)?

Transportation

How will the child(ren) get from one party’s home to the other party’s home.

FREQUENTLY ASKED QUESTIONS

What are the benefits of mediation?

Mediation allows parties, rather than the Court, to make decisions about their child(ren). Mediation also provides parties the opportunity to resolve their child custody issues in a collaborative, non-adversarial manner, often saving both time and money compared with a trial.

Will mediation work?

Mediation is most effective when the parties make a good faith effort to cooperate with each other and prioritize the best interests of the child(ren). Throughout the mediation, parties should ask themselves, is this decision most beneficial to the child(ren)?

How can I make a good faith effort to cooperate?

Maintain your composure and think clearly, keeping emotions in check. Stay focused on what is best for the child(ren) and the child custody issues, rather than the other party.  Collaborate and work together towards finding a solution.

Do I need to prepare for mediation?

Have several proposals ready for your telephonic mediation and not just the one you want most. Consider what the other party is proposing without automatically rejecting it or interrupting.

Is there a fee for mediation?

Unless waived by the Court, each party is assessed a fee when referred for mediation services. The sliding scale fee is based on each party’s individual income.  If a party is currently receiving public assistance, please email our office a copy of the eligibility letter for review.  If approved, the fee for mediation services may be waived.