Family
Mediation Services: How It Works
by
James P. Reape
No-fault divorce
represents a major change in how family law processes divorce
in America. More than twenty years ago, California led the way
by becoming the first state to institute the no-fault divorce
law. Many attorneys and mental health professionals believe that
the mandatory mediation law for custody and visitation disputes
is the next most significant change in family law in California.
The reason for this is simple. It works.
Mediation offers several
advantages for families. None are more important than people usually
being better off when they can determine for themselves what forms
their lives will take. The era of someone else taking care of families
is behind us. Also, people working out their own solutions helps
taxpayers by not having to expend unnecessary resources to resolve
family conflicts.
Because of the large
number of applicants wanting jobs as family mediators, hiring is
selective. All of the mediators have advanced degrees in one of
the mental health disciplines and most hold licenses in clinical
social work or marriage, family and child counseling.
In more than half of
the cases, a written agreement results from mediation. There is
usually considerable anger and conflict in the beginning of the
mediation process, but the mediators work with the parties to focus
on the children. With no-fault divorce, parties aren't able to tell
their stories in the courtroom. People need the opportunity to express
their feelings and usually they are expressed during mediation.
By listening and reflecting the pain of the parties, mediators convey
understanding and aid parents in working out agreements that are
best for the children. Agreements are then placed in writing. After
the agreements are signed by the judicial officer, they become court
orders. Mediation, however, may be terminated in some cases such
as those involving victims of domestic violence. If no agreement
can be reached, no report is presented to the judicial officer.
Mediation is not always
entirely confidential. For example, a mediator can recommend child
custody or psychiatric evaluation. A mediator may also recommend
to the court that counsel should be appointed to represent a child
or children. In addition, if there is suspicion of child abuse,
a report is made to the Department of Children's Services. Appropriate
persons will be warned if the mediator believes that a person may
cause harm to another person or to himself or herself.
Although it's usually
painful for parties entering mediation, knowing the quality of the
services rendered and the ensuing excellent rate of effectiveness
usually achieved eases the initial inhibitions of those involved.
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