CHILD CUSTODY MEDIATION

Child Custody Mediation

Child Custody Mediation

Thesis Statement

Child custody matters are a central concern among human development experts in the United States due to the high number of divorces.

Introduction

Mediation is a form of dispute resolution in which a third party with no interest in the outcome of a dispute and with no authority to dictate the result of a dispute facilitates a dialogue between the disputants. The dialogue is less formal than a contested hearing, and rules of evidence and procedure are substantially more relaxed than what one would expect to find in a court hearing.

Background Information

Mediation is used in virtually every type of dispute, from the smallest local tort case to the largest complex international affair. Mediation is used primarily to resolve disputes, but it has applications in dispute prevention, transactional bargaining, and planning. Mediation is most often used in discrete civil disputes such as divorce, problems between neighbors, employment problems, and commercial transactions gone awry (Gardner, 2006), but it is also used in large-scale environmental cases, in disputes with governmental agencies (including, among others, the U.S. Internal Revenue Service), and in intellectual property and land use disputes. Many would say that if a dispute could be filed in a court, it could be mediated. However, mediation also may be used in cases in which a court would have no jurisdiction (such as peer-to-peer mediation between high school students having problems sharing a locker).

In the United States, mediation has been instituted in nearly every administrative agency and every court. At the federal level, the Administrative Dispute Resolution Act of 1996, 5 U.S.C. § 571 (2000), and the Civil Justice Reform Act of 1990, 28 U.S.C. § 473 (2000), require that agencies and courts explore alternatives to trials for the disposition of cases. Mediation has become the most widely used alternative method. The vast majority of states have passed similar laws, with similar effect (Gardner, 2006).

Child Custody Mediation

The term child custodyemployed here refers to child consequences and parental responsibilities following separation and divorce. Child custody may also refer to legal terminology related to guardianship and legal authority in the care of a minor child following adoption, loss of parental rights due to abuse or neglect, or other situations. In each case, the concept of “in the best interest of the child” is often applied (Gardner, 2006).

Child custody matters are a central concern among human development experts in the United States due to the high number of divorces. A great deal of research devoted to how custodial and guardianship matters impact child development and outcome have resulted.

Child custody is often determined after legal proceedings that may include a trial, civil mediation, or a hearing involving a state child welfare agency. Mental health experts assist in providing important information for the judge or hearing officer. Clinical social workers often complete a home study or investigation of the future possible home environment, as well as observations and opinions about the fitness and capability of the potential ...