Mediation and Facilitation -

In child custody cases I always prefer that the parties get together and come to an agreement themselves.  Of course I understand that this is not always likely to happen since it is disagreement that has usually brought the parties to the point of seeking court intervention.

A prominent family law judge once told me 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 my assistance in resolving their child custody dispute.  I know what factors a judge must consider and, although no one knows exactly what a judge will do, I can reasonably predict how a judge would rule if the decision was left to him considering your unique circumstances.

Confidentiality -

Since I am not an attorney you have no attorney client privilege with me.  To ensure that the parties are as open and candid with me as possible when discussing the needs of their children I do sign a confidentiality agreement with the parties.  This agreement states that neither party will call me as a witness and that I will not testify as to any matter the parties discussed with me in mediation.