If the parties cannot agree on custody, the court will usually order county, court or social services or a guardian ad litem to investigate the ability of each parent to care for and raise the children. The social worker, court services worker or guardian ad litem will usually interview each parent. They will contact friends and family, teachers, counselors, doctors, and other professionals who have seen the family. The investigator then writes a report to the court and makes a recommendation about custody. Your attorney may be given a copy of the report. The parties are usually required to pay the costs of a custody investigation based on their ability to pay. The court does not have to accept the recommendation of the investigator, but considers it very seriously.
In 2005, the average mediated case cost $3000 and was settled in 90 days. In turn, the average litigated case in the courts cost $15,000 and took 18 months to settle. Keep in mind, the litigated cases led to more spite and frustration between the divorcing couples, usually leading to a lose/lose situation for both. Not many people walk away from a litigated divorce feeling satisfied. On the other hand, couples who went through mediation felt satisfied with the agreements they had reached and both walked away feeling that they had gotten what they had wanted. Who would you rather have decide what happens with your children and assets after a divorce, you during mediation or attorneys and judges during a divorce in the courts? Who knows more about you, attorneys, judges or you? Why have people who know nothing about you tell you how you are going to live the rest of your life.
“Your Honor, the Petitioner moved out four months ago, and since then he has only had the children every other weekend, by his own acquiescence. Now all of a sudden he wants custody [or more parenting time, as the case may be]. This is clearly a disingenuous request which should be summarily denied. The schedule the parties have been following has worked well for the children, and for the sake of their sense of stability and continuity, it should continue.”
Mediation is confidential, allows you and your spouse to make the decisions, and is less expensive than filing a lawsuit. You can reach a positive agreement that is more customized than the one you might receive from a judge. In mediation, you are responsible for your attorney’s fees, as well as half of the mediator’s fees. In certain states, mediation is required by the court after a lawsuit has been filed; for example, North Carolina requires couples to attend mediation before a child custody trial and equitable distribution trial.
Susan uses a transformative approach to conflict intervention, which places the principles of empowerment and recognition at the core of helping people in conflict change how they interact with each other. With a background and education in coaching and counseling her ultimate goal is sustainable relationship improvement through the process of med ... more
Mediation in divorce is a process by which a mediator or a trained neutral, often a lawyer or mental health professional, helps divorcing spouses reach agreement. The mediator works as a facilitator to guide the divorcing spouses through the process to resolve the outstanding issues. Some divorcing spouses have reached agreement on certain issues, but need assistance resolving other ones, and they attend mediation to address just those issues. Others need assistance with all of the issues. But those who elect mediation are electing to work together to maintain control of their lives. (When individuals litigate and go to court, the judge makes the decision. Those decisions are often not what either side really wants, but once the judge makes the decision, it is the one that controls.)
Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Mediation brings about communication between the couple, which can then be used when they must discuss issues in pertaining to the children. Lack of communication may have been one of the main reasons for their divorce. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their married one.
Taking or hiding a child, or not returning the child after parenting time, can be a serious crime. Minnesota has a law which makes it a crime to deprive another of their custodial or parental rights. Under this law, you do not have to have a court order giving you custody or parenting time. If the other parent is hiding the child, you may be able to show that you have been deprived of your custodial or parental rights.
Another rare exception to the general rule on termination of child support is in the case of emancipated children. An emancipated child is not entitled to child support.  Whether or not a child is “emancipated” is an issue that must be decided by the Court on a case by case basis, but will normally require proof that the child is living away from home and is self-supporting. Termination of child support by reason of emancipation requires a motion in Court.
After the elapse of a period of time, nobody much cares if the reason you only had every other weekend was because the other parent truly wouldn’t “let” you have more time. Although that may very well be the case, and although you may have let your spouse control the situation in order to spare the children the trauma of parental conflict, in my experience the courts are more swayed by the pattern of contact rather than by these “excuses.” The wisdom of Solomon does not apply. 
Couples who are headed for a trial date may be ordered by the court to go through mediation before that date is set, however, mediation can also be voluntary. If the couples are unable to resolve their issues through mediation, they are free to pursue any other remedies they choose. Mediation is generally better for the children involved, as it allows the couple to make decisions which are in the best interests of the entire family in a non-contentious manner. Children can be damaged by hearing their parents argue and say things to one another that children should not hear. Many parents who end up litigating their divorce are not hesitant to say ugly things about the other parent in front of the children. Parents who make a conscious decision to mediate their divorce, are also more likely to be aware of ensuring the children are not privy to contentious behavior between the parents.
2. In divorces, there is inevitably a process of “discovery,” where each party requests information and documents from the other party. Sometimes this is informal and limited. Other times it is formal, comprehensive, and terribly time-consuming for the parties themselves (to gather the information), and for their lawyers (who must review the responses and put them together in proper legal form). Because most attorneys are sloppy and lazy with formal discovery, they request much more than is really necessary to settle a case, just to cover their butts and to avoid the work of tailoring the discovery demands to each particular case, or just to make the process more onerous for the other party.
A mediator is a neutral professional specially trained to help you and your spouse reach agreement about all the important legal issues relating to your divorce. A mediator is not a decision maker. As your mediator, I guide you through the divorce process. I answer your questions and help you understand the court system. I facilitate a productive discussion of the issues while maintaining a safe and respectful environment. I assist you in understanding each other’s needs, wants and concerns. I help you generate and consider creative options. If you have minor children, I help you create a comprehensive Parenting Plan which will increase your likelihood of parenting success after your divorce is final. And finally, I document your agreements in a Memorandum of Agreement.
Seeing headlines like these, who doesn't think that hiring a $1,000-an-hour divorce attorney is the best way to get what you deserve? But in reality, divorce isn't a winner-take-all sport. In community property states (like California) courts have to split marital property down the middle. In states that don't have community property laws (like New York) they split assets equitably.
Depending on the judicial officer, most ICMC's are fairly informal. The judicial officer will come into the courtroom, and give a small presentation to the parties. Literally all presentations are based on a common theme - the benefit of working cooperatively to reach a mediated settlement. The judicial officer will discuss the high cost, both financially and emotionally, of litigating your divorce issues rather than working towards an amicable settlement. The judicial officer will then discuss with the lawyers what issues they believe your case presents, what needs to be done to reach a resolution of those issues, what procedures the lawyers believe are necessary to prepare the matter for resolution (either through subsequent settlement or trial) and how much time will be needed to complete this work. At this point, it will be determined whether a temporary hearing is necessary to determine issues involving possession of the home, parenting of children, temporary child support and spousal maintenance, as well as temporary attorney fees, while the divorce proceeding is pending. Many times the courts will encourage the parties to participate in an early mediation sessions to determine temporary issues. On rare occasions in today's family law practice, a formal temporary hearing may be needed, as described below. In lieu of such a hearing, some judicial officers may request the lawyers follow a more informal process of simply writing the judicial officer a letter providing the economic data necessary to decide temporary issues together with brief argument. The judicial officer will then decide the temporary issue.