Custody mediations and evaluations are critical in contested custody cases, yet clients routinely go into sessions without a basic knowledge about the process and what is expected of them, and often with inflexible positions on custody arrangements. Family lawyers, therapists and parenting educators can help clients dig themselves out of entrenched positions, evaluate their goals, and develop a child- centered parenting plan that will get them through the mediation and evaluation process and promote the best interests of their children. DRESS REHEARSAL Many custody disputes are resolved in mediation, whether it's court- annexed or private practice. Mediation can also be a dress rehearsal for the child-custody evaluation, because if the case is not settled in mediation, the evaluation process could be next. The mediator's job is to reduce acrimony and get the parties to agree to a custody and parenting schedule that is in the best interests of the children. In mediation the current circumstances of the parties is paramount, although parenting history is also material. Although some court systems have a written policy permitting "extended" mediation, often the mediation meeting is a one-time appointment that often lasts 90 minutes at most, so there's no time to go into the client's past in depth. Private practice settings offer more flexibility and less time pressure, but the basics of both types of mediation settings are the same....
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