Attorney and Mediator Mike McCord practices in the Cleveland area. He can be reached at 216.283.4385 and mikemcmed@aol.com.

From ohio-divorce-advice.com

Custody disputes are the toughest cases for the Domestic Relations, Juvenile and Family Courts which hear disputes between parents. For this reason, mediation is fast becoming the preferred method of resolving parenting issues.

Courts throughout the country are using it instead of litigating parenting issues. More and more, dissolution and divorce decrees contain clauses which require mediation before filing any change in parenting motions with a court.

The following three articles introduce mediation and its process. The first is an introduction to mediation. The second summarizes the mediation process and the beginning stages of mediation, in which the mediator gathers information and helps the parties’ identify their and their children’s needs. The third explains the final stages of mediation; in which the parties discuss different options and ultimately choose the mediation method that best meets the needs of all involved.

Part I: Introduction to Mediation

Parenting issues often engender emotions and conflict. Whether it is the initial dissolution of the marriage or a post decree situation ten years later, child custody and visitation issues often need the help of a professional mediator.

Many members of the Center for Principled Family Advocacy are certified mediators and many members have helped clients work successfully to resolve family conflicts using certified mediators. Certification requires a minimum of 52 hours of family and child mediation training beyond professional degrees in counseling, social work, psychology, ministry or law.

Certified mediation skills can be utilized when negotiating an initial dissolution or a contentious post decree custody matter. An approved mediation agreement can be incorporated into a dissolution agreement or be the basis of a post decree court ruling.

A mediator experienced in child custody and visitation can help parents identify where their needs and interests coincide. Instead of focusing on blame and the past or letting parents bargain from their fixed positions, the mediator will focus on the mutual needs of the whole family. The mediator is a facilitator who helps parents help themselves.

But how can a mediator help parents who do not communicate or are entrenched in their own positions? In order to help such people, the mediator must set the tone for and direct the mediation process. Mediation is simply an assisted negotiation, but a skilled mediator can help people change their communication patterns.

Instead of placing blame on the other spouse, through mediation a parent is able to see their own responsibility in the conflict and plan for positive change in the future.

In the two following articles on custody mediation, the reader will be introduced to the stages of the mediation process and how the mediator gets the parties to bargain from their needs and interests and not their divisive fixed positions.

Part II: The Mediation Process and Discovering Needs and Interests