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Courtroom Mediation - A Viable Alternative to the Child Custody Trial

NCJ Number
104808
Journal
Juvenile and Family Court Journal Volume: 37 Issue: 5 Dated: (1986) Pages: 1-6
Author(s)
J C Woolley
Date Published
1986
Length
6 pages
Annotation
In child custody cases where parents have openness toward mediation, but have not reached an agreement in mandated mediation, a court mediation session of 2 to 4 hours, held 10 days to 2 weeks before the trial date, with the judge as an active participant, has proven successful in a limited California study.
Abstract
The closed sessions are held in the courtroom, with the parents, their respective attorneys, a court mediator, and a judge participating. Attorneys are allowed input only if and when the parents reach an agreement or the judge asks them a question. The judge explains the parameters of the proceedings, and the mediator and judge work as a team to help parents vent their feelings, express their perspectives of the situation, and work toward a mutually satisfactory agreement. The attorneys assist in the drafting of an agreement. A written stipulation, prepared by the mediator, parents, and attorneys and executed by the judges, is used as the custody order. Of the 12 sets of parents who participated in mediation sessions between November 1984 and December 1985 in Orange County, all reached agreements and avoided trials. 4 notes.

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