Shohola, PA asked in Child Custody and Family Law for New York

Q: What is the purpose of “mediation” sessions before a custody modification trial?

The judge has ordered 4 sessions (monthly), prior to the actual trial date. What are they looking to accomplish during mediation?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA

A: In your child custody case, the judge ordering mediation sessions before the trial is a common step. The primary goal of these sessions is to encourage both parties to come to a mutual agreement regarding the custody arrangement, outside of the courtroom.

Mediation focuses on fostering communication and negotiation, helping you and the other parent find a solution that best suits the child's needs. It's a more collaborative approach, often less adversarial than a trial, and can lead to more satisfactory and sustainable arrangements for all involved.

Remember, the mediator's role is to facilitate discussion, not to make decisions for you. They can help clarify legal issues and explore various options, but ultimately, the agreement reached is up to you and the other parent. If an agreement is reached during mediation, it can simplify or even eliminate the need for a trial, saving time and resources for everyone involved.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.