About Mediation
Most custody and visitation cases in Family Court can be mediated. A neutral mediator helps parents have a conversation about how they will parent their child going forward. Mediation supports conversations about making future decisions regarding the children (custody), sharing parenting time (parenting plans), and sometimes handling child support responsibilities.
Mediation also:
- Improves communication and understanding.
- Saves time and money.
- Helps address legal and non-legal issues that are important to you and your family.
- Leads to longer-lasting agreements because you took part in creating the plan.
- Supports child well-being by allowing parents to find a solution without anger or a lengthy trial.
Getting Your Case Mediated
- If you are filing your custody/visitation petition now, ask the Clerk when you file your papers. “I’d like to ask about mediation....”
- If your case is already in court, ask the presiding judge or court staff. “I’d like to ask about mediation....”
- At any time, even before your case is filed, you can ask for mediation at a local Community Dispute Resolution Center. They offer low or no cost mediation for family and many other matters. Find your local center here.
After you request mediation, the other party in your case will be contacted to see if they’d also like to mediate. If they do not want to mediate, the case will be returned to the Family Court and scheduled for an appearance. If they agree to mediate, your case will be reviewed to make sure it’s appropriate for mediation. For example, some cases where there’s high conflict may not be appropriate.
If there is Domestic Violence involved, you can seek assistance here: Survivors & Victims | Office for the Prevention of Domestic Violence
What You Should Know If You Go to Mediation
- Mediation is confidential. Nothing said in mediation can be used as evidence in court.
- The mediator does not provide legal advice. If you need legal advice and cannot afford counsel, you may apply to have an attorney represent you by contacting the Family Court Chief Clerk’s Office and applying for assigned counsel. You can also find resources at Free Legal Help in New York State | LawHelpNY.
- You may have your attorney present in the mediation, but it is not required.
- If you reach an agreement your agreement can be submitted to the Court to conclude the case.
- If you don’t reach an agreement the case will be returned to the Family Court and scheduled for an appearance.
- Even when there is no agreement the chance to talk in the confidential mediation session can help you clarify what you and the other party want and what might work for you and your children.