Mediation and Alternative Dispute Resolution for Child Custody

 

Are you researching mediation and alternative dispute resolution for child custody in Albuquerque, NM?  If so, you’ve found an experienced New Mexico child custody attorney.

Mediation and Alternative Dispute Resolution (ADR) are two common paths that parents use to create a child custody agreement.

Through both methods, the parties involved can come to an agreement on important matters such as parenting plans, decision making authority, guardianship rights, and allocations of parental responsibility.

The terms mediation and settlement facilitation are basically the same.  Accordingly, settlement facilitation and mediation can be used interchangeably.

With mediation, a trained and neutral mediator works with both parents to create a workable custody, visitation, and child support agreement.  This mediator is usually a highly experienced attorney – or retired judge. In other words, the mediator has extensive experience with the New Mexico family court system.

Alternatively, ADR involves using a more formal approach with more structured rules and procedures to reach an agreement. Both mediation and ADR offer viable resolutions for child custody cases without the need for stressful and expensive court battles.

 

UNDERSTANDING MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION FOR CHILD CUSTODY

 

Mediation and alternative dispute resolution are becoming increasingly popular solutions for child custody disputes. Moreover, some judges require parents to complete mediation before a hearing is scheduled.

In other words, increasingly, Albuquerque family court judges want parents to co-parent and decide custody, visitation, and support issues.  Family court judges take this approach because they believe that mediation leads to co-parenting.  In turn, co-parenting leads to a healthier relationship between parents and child.

Despite popular belief, family court judges do not relish making custody and visitation decisions.  Instead, judges prefer for parents to decide these issues outside of court.

If it can be avoided, judges do not want custody and visitations cases endlessly circling through their docket.  Moreover, judges usually believe that resolving co-parenting issues outside of court leads to a healthier family dynamic.

Saying it differently, judges want you to resolve your child custody issues outside of court.  Moreover, judges want you to resolve future issues through co-parenting, rather than litigation.

Accordingly, judges are increasingly forcing parents to complete settlement facilitation/mediation.

These methods aim to help parties understand each other’s positions, come to a mutually beneficial agreement without costly court proceedings, and ensure that the best interests of any children involved in the dispute are taken into consideration.

Through mediation and alternative dispute resolution, parents can strive to make decisions on custody arrangements that best serve their children.

 

USING MEDIATION FOR A CHILD CUSTODY CASE

 

In Albuquerque, NM, child custody cases can be solved through mediation. For example, custody, visitation, and support can be resolved out of court.

Mediation is a voluntary process where parents can communicate in an environment guided by a mediator.  For instance, a highly experienced child custody attorney – such as Gregg Velasquez or Michelle Cortez – can serve as the mediator.

Alternatively, a retired family court judge – such as Deborah Davis Walker or John Davis – may serve as the mediator/facilitator.

By engaging in open communication with the help of the mediator, parents can reach an agreement on the parenting and timesharing plan that best meets their children’s needs.

In other words, black and white disagreements can become a gray agreement. The mediator helps parents reach a gray agreement.  In doing so, both parents move from their initial positions.

The mediator helps the parents move from conflict towards resolution.

 

THE ADVANTAGES OF MEDIATION AND ALTERNATIVE DISPUTE RESOLUTOIN FOR CHILD CUSTODY CASES

 

Mediation and alternative dispute resolution is often an effective way for families to resolve their disagreements in a positive way.  Moving forward, this initial resolution helps parents learn to resolve future issues out of court.

Moreover, mediation enables parents to reach mutually acceptable outcomes without having to go through costly and time-consuming court proceedings.  Most importantly, this process can help parents avoid an expensive and stressful Guardian Ad Litem process.

This agreement helps parents to avoid subjecting their children to unwanted stress and conflict.  Putting it differently, all parties can be benefited by avoiding unnecessary conflict.

With that said, some cases cannot be resolved through mediation or ADR.  At times, too much damage has been inflicted.  Moreover, sometimes one parent poses an immediate threat of harm to the other parent or child.

In this case, CYFD is often involved.  What’s more, a restraining order of protection is typically involved with abuse.

Mediation often is not a good option when family abuse is present.  In these circumstances, the case may need to flow through the domestic violence division.

Although mediation is a great option, mediators are not magicians.  Nevertheless, mediators often cannot guide highly conflicted parents towards a resolution.  In this situation, a GAL or Court Clinic may be necessary.

In the end, whether mediation is a good fit for your family depends on your unique facts.

It is essential to speak with an experienced New Mexico child custody attorney.  An experienced family law and child custody can help you better understand your options.

Check out this video to better understand the best interests of the child standard in New Mexico:

 

 

TOP NEW MEXICO CHILD CUSTODY ATORNEY NEAR ME

 

Are you searching for a top child custody attorney in Albuquerque, New Mexico.  Alternatively, do you live in Rio Rancho, Los Lunas/Belen, Santa Fe, Socorro/Estancia, Gallup/Grants, or Taos Los Alamos?

In either scenario, Sanchez has the experience you need.

Call (505) SANCHEZ today.