Child Custody & Access Mediation Program

The mediation program for the Circuit Court does not mediate cases where there are active protective orders between the parties as a result of domestic violence. To ensure that both parties are comfortable with the mediation process and that there is no history of domestic violence that would impact their ability to mediate a custody/access agreement, a comprehensive intake interview with each party is conducted. For more information on Domestic Violence, visit the Domestic Violence Assistance page.

The primary goal of mediation is to help parents develop their own parenting plan to support their children’s best interests with little or no court intervention. Mediators strive to help parents discuss their individual perspectives in an informal setting. The mediator does not make decisions or recommend solutions to parents; instead, the mediator uses questions, dialogue, and problem solving and listening skills to help parents create and consider their own solutions. When the parties reach an agreement, it will be drawn up in a consent custody/access order. Immediately after mediation the parties (and their counsel if both are represented), will report the results of the mediation to a Family Magistrate at the mediation status hearing, and the agreement will be put on the record.

Yes, with a few exceptions, mediation sessions are confidential. The mediator may not disclose to anyone statements made or decisions reached in the mediation. Additionally, the parents and mediator may not testify in any court proceeding about what was said or decided during the mediation.

• Living arrangements (physical/residential custody)
• Regular visitation/access arrangements
• Holiday visitation/access arrangements
• Vacation planning
• Communication between parents
• Communication with children
• Transporting children
• Emergency plans

The court may order the parties in a civil case, or a family case involving the division of marital property, to attend mediation. Mediation is a form of Alternative Dispute Resolution, or “ADR.” The court’s ADR program for civil cases and family cases involving the division of marital property, is different from the court’s Custody Mediation Program. The main difference is that the court’s ADR program is not free, and the litigants must compensate the mediator at the rate of $200/hour. However, the Custody Mediation Program is free of charge, as long as the parties have an open case and they qualify for the mediation session. The Custody Mediation Program gives the parties the opportunity to discuss and resolve issues involving their children, such as primary residential care, decision making, and visitation.

For more information on the Custody Mediation Program, please contact Family Division Services. For more information on the court’s ADR program, please contact the office of the Special Magistrate.

Each parent should be respectful of the other, listen, and acknowledge the other’s viewpoint. For example:

• Be polite, just like you would be at work.
• Stay on the subject. Focus on doing what is best for your child.
• Control your emotions, just like you would do at work.
• Be clear and specific when you talk to the other parent. Write things down and keep business-like records of important agreements.