Child Custody mediation should not be confused with child custody litigation.  The major difference in the two is that in mediation the only decision makers are the parties participating in the mediation.  The mediator acts as facilitator in the process and it is designed to be non-adversarial and encourage a supportive environment to aid in direct discussion and communication between the parents.  Child custody mediation may also involve parties that are not the biological parents of the child, which is why some mediators may term the process Family mediation.  One example of mediation that does not include just parents as the disputing parties is in the case of a contested guardianship, where the legal guardian and the parent may enter mediation.  It may also include grandparents or some other family member responsible for the care of a child. 

       The mediation process is private and voluntary, and while it is an informal setting there is a structure to the process.  The parents will participate in joint and individual meetings with the mediator, where the mediator will assist them in identifying the needs of the children as well as the parent’s own needs.  The mediator gathers information to help generate options for a peaceful resolution, and to aid  parents in developing an effective parenting plan. With few exceptions, mediation is confidential, and even if a court orders  parents to attend mediation, it is voluntary for the parents to enter into an agreement.

At the end of the mediation, the mediator will then draft a memorandum of understanding between the parties.  If the parties have attorneys, counsel may then use the agreement to prepare any necessary legal documents and present them to the court.