Mediation and Facilitation -

In child custody cases it is the desire of Mr Showalter that the parties get together and come to an agreement themselves.  This is not always likely to happen since it is disagreement that has usually brought the parties to the point of seeking court intervention.  However, as judges have repeatedly told Mr Showalter -- the best child custody decision will be made by the parents,not me.

A prominent family law judge once told him his take on why parents should have their dispute mediated before placing the decision before him.  It went something like this: I don't know these people, these aren't my children, I don't love them and I don't have to raise them.  Any decision I make is not going to make those parents as happy as what they can create on their own.

He elaborated that parents are best suited to know the needs of their children.  They know their schedules and limitations best.  They know better than him how their children are going to handle particular child custody arrangements.  And, quite candidly, their isn't enough time and the law just isn't written in a way that lets him make a better decision than that which the parents could establish by cooperating to create one together.

Parties who are entering into child custody litigation should first seek Mr Showalter's assistance in resolving their child custody dispute.  He knows what factors a judge must consider and, although no one knows exactly what a judge will do, he can reasonably predict how a judge would rule if the decision was left to the court to consider your unique circumstances. 

Let Mr Showalter use his vast experience to help you resolve your child custody placement in a manner that will best suit you, the other parent and, most importantly . . . your children.  Attorneys have been using Mr Showalter's settlement agreements verbatim. 

If there are protective orders or other conflicts that make communication difficult between you and the other parent Mr Showalter can assist.  Parents may use him as an intermediary for communication and also to assist in resolving parenting time disputes.

Confidentiality -

Since Mr Showalter is not an attorney you have no attorney client privilege with him.  To ensure that the parties are as open and candid with him as possible when discussing the needs of their children he does sign a confidentiality agreement with the parties.  This agreement states that neither party will call him as a witness and that he will not testify as to any matter the parties discussed with him in mediation.  Additionally, Indiana Rules of Evidence 408 provides that evidence obtained during compromise or settlement negotiations is not admissible.