Working out issues in custody situations, whether as part of a divorce or between couples with children together but who are now ending their personal relationship, can be emotionally charged and a bit frightening. Each parent wants to make sure they will continue having a loving parent-child relationship in spite of no longer being in a love relationship with the other parent. After a break up, healthy cooperative coparenting is the goal.
In California, there is a way to reach a resolution without the stress, fighting, and expense of going to court and it is mediation.
Mediation is a form of alternative dispute resolution that allows both parties to work with a neutral third-party mediator to come to a mutually agreed-upon solution. Mediation promotes cooperation, compromise, and problem-solving in a less adversarial setting than a court trial. Through this process, couples work to resolve issues related to child custody, visitation, and child support in an accommodating and cost-effective manner.
Mediation is a process of dispute resolution that involves a third-party mediator who helps the disputing parties to negotiate a settlement that is agreeable to both sides. In the context of family law, mediation can be used to resolve a variety of disputes, including divorce and custody cases.
In California, mediation is often required in family law cases before a trial can proceed. The mediator facilitates communication between the parties and can assist with problem-solving, exploring options, and identifying areas of agreement.
Successful mediation can save time and money because couples time spent is more productive and focused on resolving issues. Mediation helps the parties come up with a parenting plan that takes into account finances, work schedules, housing, and timesharing. They maintain more control over the outcome of their situation than if they were to go to trial and have a judge decide for them.
The role of the mediator is to act in an objective way, not taking either side and helping sort through concerns so that an agreement can be made. In custody cases, the mediator plays a critical role in ensuring that both parties’ concerns are heard, weeding out irrational or vindictive comments or actions, and suggesting solutions that would best suit the needs of the children and their parents.
The goal is to come up with an agreement that is legally binding and enforceable once the court has reviewed and approved the plan. Ideally, the mediation results in a satisfactory outcome that everyone can live with and avoids the stress, time, and cost of going to court.
Bradley Bayan is a seasoned custody lawyer and sole proprietor of The Law Offices of Bradley D. Bayan. He is very familiar with using mediation to reach a formal resolution of custody issues, saving his clients from having to go to trial.
Recently relocated to offices in Redwood City, CA, Bradley Bayan has been practicing Domestic Relations law for over 20 years including Child Custody, Visitation, Child Support, and other aspects of law related to domestic partnerships.
Contact the Law Offices of Bradley D. Bayan at (650) 364-3600 to schedule a free consultation.