Court Ordered
Generally Court Ordered Mediation occurs when your case is going to heard by the Court. As example, parents in Fairfax Virginia who are expecting to litigate custody in conjunction with divorce proceedings are required to view a short film, attend a Mediation Status Conference with one of the presiding Judges and with few exception must participate in at least an introductory session of mediation, before their case can proceed to trial.
Mediation is preferred by many Family Courts because it gives the parties a chance to participate and control the outcome of their lives.
The primary motivation for instituting mediation of custody and visitation disputes, is to reduce the emotional and monetary costs borne by the parties and their children when custody is litigated. Judges and Courts believe that mediation is the preferred method for addressing custody disputes.
Many Courts believes that early resolution of custody issues benefits the children in divorcing families, by providing stability early in the process.
The Fairfax Circuit Court also believes that early resolution of custody benefits the parents by taking out of contention an issue which is among the most emotional and difficult to litigate. Most parents would agree that they would not want a stranger to determine the outcome of their children's lives. Early disposition of custody simplifies divorce litigation, leaving generally only the division of property and the establishment of spousal support for trial.
Most child custody and visitation disputes are resolved without the need for court intervention. Good lawyers, mediators and concerned parents seek the best interests of the children in attempting to resolve custody disputes with civility and compassion. Every case does not settle out of court, but the ones that do settle have a higher level of parental satisfaction.
