When parents divorce, custody disagreements can be the most challenging issue to address. The parents may end up fighting over how to share custody on a regular basis or how to address holidays and other special events.
Parents who cannot agree on custody terms may need to litigate in family court, which can increase conflict levels and further complicate the divorce process. For many families, sitting down to negotiate custody matters at a mediation session can be a better option than litigating custody disagreements.
How can mediation help?
Mediation is a cooperative process
Spouses must communicate with one another and discuss their wishes as they work toward a compromise. The need to communicate calmly and work together can reduce the level of conflict between the spouses. They can maintain a more amicable dynamic when they work together as co-parents instead of fighting against one another during divorce litigation. By cooperating with one another, they reduced how many conflicts their children witness and can potentially decrease the stress the divorce causes for the children.
Mediation enhances privacy
Parents have an opportunity to discuss deeply private matters in a confidential setting during mediation, which can allow for a more nuanced and appropriate final custody arrangement. They also retain control over the terms set. When spouses litigate, a judge decides what is in the children’s best interests. When spouses settle custody disputes through mediation, they have the final say in the specific terms set for the family.
Suggesting mediation as a means of resolving custody disagreements can be helpful for divorcing parents. Parents who take control of custody negotiations through mediation may ultimately feel more satisfied with the terms that they mutually set.
