Child Custody Mediation Tips in Virginia: How To Resolve Custody Disputes Peacefully

You and your spouse likely never anticipated that you would divorce and need to split custody of your shared child. As a result, child custody discussions can be overwhelming.

Both you and your spouse may have strong opinions about how you will divide legal and physical custody. With a child custody mediation lawyer, you can explore mutually agreeable resolutions that prioritize your child’s best interests. These mediation tips can help you facilitate more productive mediation sessions and work toward a parenting plan agreement that you both view positively.

Prepare for the Family Mediation Process

Taking the time to prepare for custody mediation discussions may support a smoother and more productive mediation. You will also gain a clearer understanding of your goals and perspective, which you can base mediation discussions on.

These steps can help you thoroughly prepare for mediation:

Explore potential parenting time schedules and review them against your calendar to understand their practicality.
Download or print visuals of schedules and plans to present during mediation.
Consider provisions you may want to include in a legal custody arrangement, such as decision-making guidelines and financial provisions.
Think about the key issues that are important to you and your child that you want to bring up during discussions.
Organize and prepare relevant documents, such as medical records, school schedules, existing custody arrangements, receipts and expenses, journal entries, and other documents requested by the mediator.

Maintain an Open Mind and Willingness To Compromise

Many child custody mediation lawyers suggest that open-mindedness can be highly beneficial during mediation discussions. Mediation is less likely to be successful if both parties unreasonably stand firm in their perspectives and refuse to consider alternatives.

Instead, mediation hinges on both parties’ willingness to compromise. If you are not open to finding mutually beneficial agreements that require compromise from both sides, you may need to allow a judge to decide custody matters instead.

Focus on Your Child’s Best Interests

The idea of sacrificing time with your child may be daunting, and you may enter custody mediation discussions from a perspective of wanting to spend as much time with them as possible. However, your discussions with a child custody mediation lawyer may be more productive if you focus on the best interests of your child rather than on your preferences.

Maybe it would be in your child’s best interests for you to have sole legal and physical custody. Or maybe it would be better for them to spend equal time with both parents and have both contribute to major decisions about their upbringing.

It might help to approach mediation from a perspective of you and your spouse working together to solve the issue of custody, rather than you fighting against your spouse for custody.

Understand Times When Mediation Is Not Appropriate

A judge may request court-ordered mediation in certain cases in which a divorcing couple is unable to reach custody agreements on their own. However, there are certain instances in which a judge may choose not to order mediation or in which mediation would be unproductive or even unsafe, such as the following:

There is a history of domestic violence or abuse from one or both parties.
There is a significant power imbalance between both parties.
One parent is unwilling to participate in mediation discussions.

A mediator would likely decline to intercede in these scenarios.

Request Legal Guidance for Child Custody Mediation

Holcomb Law, P.C., facilitates child custody mediation discussions and represents clients in third-party mediation sessions. We can help you understand whether this custody dispute resolution process may be beneficial and provide guidance through the process.