Custody battles can be one of the most stressful and emotional experiences of a person’s life. These battles can not only harm the parents but also affect the children’s well-being. However, Arkansas has a better and less painful alternative to solve custody disputes: mediation. Mediation can be an effective resolution tactic, but it is not without its pros and cons.
What is custody mediation?
Custody mediation is a process where parents work with a mediator to reach an agreement about their children’s custody, visitation, and child support. Mediation encourages parents to work together, so they can come up with a mutually-agreed plan for parenting their children after separation or divorce.
In Arkansas, the court may require mediation before hearing custody matters to provide an opportunity for parents to agree on a parenting plan.
Pros of custody mediation
Provides control and privacy
Mediation allows parents to make decisions on the terms of their agreement with the guidance of a mediator. They can avoid bringing their issues to the court, where a judge will have full control over the outcome. Mediation also offers a confidential process where there is no public record of the discussions, allowing the privacy of the parents and their children.
Less costly
Mediation is usually less expensive than litigation as parents are sharing the cost of a mediator instead of paying separate legal fees for two attorneys. Mediation may also be less time-consuming since it’s often easier to schedule mediation sessions than court proceedings.
Fosters better communication
Mediation requires respectful dialogue between parents, unlike courtroom litigation, which tends to be adversarial. Mediation fosters mutual respect and teaches parents how to communicate better with each other.
Better outcomes for children
Children who see their parents engage in a peaceful resolution are more likely to cope better after the separation. Mediation enables parents to work collaboratively to create agreements that meet their children’s best interests. It can be better for children since the parents make the decisions, not a court. Children also tend to experience less emotional distress during the post-divorce period after a successful mediation.
Cons of custody mediation
May not result in a resolution
Mediation requires both parties’ cooperation to reach an agreement, but this is not always the outcome. Parents may not agree on critical issues that may push them towards court litigation. In such cases, parents should consider other alternative dispute resolutions such as arbitration or collaborative divorce.
May require additional sessions
Mediation aims to find a fast and cost-effective solution. This means that parents may require more mediation sessions to reach an agreement that satisfies both parties’ needs. If this is not possible, both parties may still be required to go to court, where they will have no control over the outcome.
May not be suitable for cases with a high level of conflict
Mediation requires parents to be willing to agree and work together. In cases where there is a high level of conflict and a history of domestic violence, it may be inappropriate. In such cases, litigation may be necessary.
Conclusion
Custody mediation in Arkansas is a viable alternative to courtroom litigation that allows parents to work together and create a mutually satisfying agreement. While not appropriate for every dispute, mediation provides numerous benefits, including privacy, reduced cost, better communication, and better outcomes for children. However, mediation may not result in resolution if both parties can’t come to an agreement and may require additional sessions. Additionally, mediation may not be appropriate for cases with a high level of conflict and a history of domestic violence. Mediation provides a middle ground where parents and children can work together to create a better future.