What Happens During a Family Law Mediation Session?

Child custody can be one of the most contentious issues during a divorce or separation, making mediation an invaluable way for both parties to reach an arrangement that meets both of their needs and is in the best interests of their children.

New York Family Court judges may refer couples or families to mediation. Or families can opt to mediate voluntarily. This article describes how mediation sessions usually work.

What Happens in the First Session?

Mediation sessions provide an opportunity to discuss issues like property division and spousal support, child custody arrangements and visitation issues as well as work with both parties on child support payments. Should both parents agree on a custody arrangement, if possible the mediator will help draft an agreement that describes legal custody (and visitation rights if applicable), which then becomes court order.

Experienced mediators are adept at redirecting discussions toward substantive matters rather than historical grievances or fault-based arguments, and couples may request consulting attorneys for additional guidance. Furthermore, the cost of mediation services provides a natural incentive to avoid unproductive discussions and focus on problem solving instead.

New York law mandates that both parties provide full financial disclosure before beginning divorce mediation, to help establish an atmosphere conducive to productive discussions. Furthermore, the mediator will explain relevant laws so both parties understand their rights and options under New York law; encouraging open communication throughout this process.

What Happens in the Second Session?

The second session is known as “framing.” This involves identifying each spouse’s key interests and developing an understanding of each party’s position, goals, needs and values prior to beginning negotiations.

Once both spouses have identified their key interests, a mediator begins brainstorming solutions that can solve family-related issues while meeting both parties’ needs.

Mediators will also introduce general legal rules applicable to your case, such as property division laws in your state or how judges decide alimony awards. Many parents find that once they understand these rules they can make more informed decisions during settlement negotiations and therefore increase chances for a successful resolution and reduce both time and costs associated with litigation – an essential aspect as successful mediation can help parties avoid lengthy court battles.

What Happens in the Third Session?

At this initial stage of mediation – often taking place privately between each party with their lawyers (known as caucuses) – a mediator will often pose more probing questions to identify any underlying causes for dispute. It’s here that most common ground begins to form.

As part of the negotiation process, parties often discuss non-legal aspects of their case that they think would be better handled outside of court, such as child support payments, parenting issues and finances as well as property arrangements. These conversations might include child support payments, parenting issues or property arrangements.

Once an agreement has been reached, the mediator will assist both parties to draft its terms in a form that can be submitted to court as an official court order. Parties can end a mediation session either with full agreement, partial agreement or no agreement and arrange to meet again later; once completed each party will have an opportunity to review their written agreement with their attorney and make any necessary revisions before signing it off in writing.

What Happens in the Fourth Session?

At the fourth session, the mediator will assist both parties in reaching a custody agreement. Custody agreements outline how parents will make decisions regarding their children’s health, education and welfare (legal custody); who they will reside most often (physical custody); as well as visitation schedules for noncustodial parents.

At times, mediation processes can become heated. A mediator will do everything they can to keep the discussion on track and productive; if necessary, they may take a break until things calm down again.

Your family lawyer plays an invaluable role before and during mediation sessions. They can help you understand the process, craft an approach for participating in negotiations and review any proposed agreements to ensure they are in your best interests. If mediation fails to resolve your dispute, legal proceedings may need to take place to settle matters.